Convicted Him
July 24, 1897
Summary
Paul Davis, who was previously proven not guilty in assaulting a white girl, is sentenced to “nine years in the Virginia Penitentiary.”
Transcription
Paul Davis, the colored lad, charged with assaulting Cora Twitchell, white, and proven not guilty was convicted in Henrico County Court Friday, July 16, and given nine years in the Virginia Penitentiary.
Father Shot Him
It will be remembered that the father of the girl shot Davis as he was passing from the jail to the courthouse. The wound was dangerous and at the time was thought to be fatal. After suffering the most excruciating agony however, he recovered.
The case was called in the Henrico County Court Wednesday, July 14th. Commonwealth’s Attorney Conway R. Sands and Hon. George D Wise appeared for the prosecution and George W. Thomas, Esq., and William M. Justis for the defense.
The Defense Objected
The defense objected to proceeding with the trial on the grounds that the court had no jurisdiction.
Cora Twitchell was the first witness. She testified that she had been living at Seven Pines for three years. She came from Baltimore, and previous to that from Buffalo.
She Tells the Story
She said that Davis had first had intercourse with her in the kitchen about the middle of June, 1896, and at another time in the woods where she was watching the cows.
The child was born March 27, 1897.
Dr. Harman and Dr. Winn attended her. She stated that she was 13 years age in April 19, 1896.
She said that her little sister was present the first time and told her mother.
A Question Argued
Counsel argued the question of introducing the love-letters which had been sent by Cora Twitchell to Paul Davis. Judge Wickham decided to admit them as evidence.
Cora admitted that she wrote letters to Paul upon the introduction of them stated that they were genuine. She sent the letters to Paul under the name of a neighbor named Mr. Hill, who was colored. She stated that she carried two letters to Mr. Hill’s place herself. She said no one complained to her parents because she associated with a colored person. Paul Davis was the father of her child.
When She Told it
Mrs. Twitchell said that Cora told her about Paul’s intimacy with her only after she had questioned her. She never charged that he had criminally assaulted her.
Mr. White, of Highland Springs, said he was acquainted with the Twitchell family. Cora visited his house about a year and a half or two years ago, about August before last bear the birthday of his daughter. These young girls were together then comparing ages; they were all nearly of the same age.
The Question of Age
“My daughter will be sixteen years old in next August, and Cora stated then that she was of about the same age. My family, Mr. Watson’s daughter, and Cora Twitchell were there.”
Cyclone Samuel was the next witness. He stated that he arrested Paul Davis, and related the circumstances. On December 11th, he came to the Courthouse yard and was asked by Mr. Twitchell to arrest Davis, who stood near the jail door. Witness said he knew Mr. Carlos Twitchell, and when he was asked whether Twitchell told him the age of his daughter the prosecution objected to the question, and the objection was sustained.
Testimony Necessary
The Court decided that the testimony of Carlos Twitchell was very necessary to decide the question of the age of his daughter, and if neither side wanted to call him, then the Court would order him to appear.
Mr. Thomas stated that Mr. Twitchell swore before ‘Squire Lewis, when he took out the warrant against Davis, that his daughter was fourteen years old at the time, and that for that reason he desired to call ‘Squire Lewis and introduce the warrant as evidence.
Twitchell Must Testify
The jury was taken out and the question of admitting the warrant argued before the Court. The Court finally ruled that Carlos Twitchell would first have to testify before the warrant could be introduced.
Mr. Carlos Twitchell was then called by the Court and examined.
“I am the father of Cora Twitchell,” he said, “but don’t remember when she was born without referring to the family record. I have six children living.”
When questioned by the prosecution he said he transcribed the record from the Bible. According to the record Cora was fourteen years old on April 19th, 1897. He would always refer to the record if he wanted to be correct.
What He Had Stated
When asked by the counsel for the defense, he said he had not spoken to ‘Squire Lewis of the age of Cora. Mr. Samuel was not present when the warrant was made out; he was in the hallway of the jail. When he took out the warrant he might have said she was fourteen years old. He did not recollect whether he told Mr. Samuel the age of his daughter. I might also have told ‘Squire Vincent that my daughter was fourteen years old at the time the warrant was sworn out on November 11th last, his daughter was thirteen years and seven months old.
A recess was then taken until 9 o’clock.
The Warrant Produced
At the beginning of the evening session ‘Squire J.T. Lewis produced the warrant which had been sworn by Carlos Twitchell. It states that in August last, his daughter was fourteen years old. Several more witnesses were heard on behalf of the defense, but an adjournment had finally to be take on account of the absence of Dr. Croxtan, who is wanted by the defense and who was confined to his home by sickness.
When the court convened Thursday morning at the appointed hour Judge Wickham and counsel for both sides at once retired to the former’s private room to argue the instructions submitted to the Court by both sides.
A Judge of Handwriting
It was 11:15 when the Court reconvened and Mr. T. F. Taylor, deputy clerk of the County Court, was first called to the stand by counsel for the defense. He declared that he was a good judge of handwriting and when the various letters were shown him, some of which Miss Cora Twitchell had said on the previous day were not written by her to Davis, he pronounced them all to have been written by the same person.
County Clerk Waddill who was then called made a similar statement and said he felt convinced that all the letters were written by the same person.
In Favor of Davis
Dr. Croxtan, the jail physician then gave testimony in regard to the examination of Miss Cora Twitchell, which he thought at the time was about fourteen or fifteen years old, but he was not willing to sweat that she was fourteen years old at the time.
‘Squire G. C. Vincent, who lives near Seven Pines, said he knew Mr. Charles Twitchell. He remembered when Davis was arrested. He had a conversation in Mr. Ullman’s store two days before the case came up before the magistrate with Mr. Twitchell who told him that his daughter was little over fourteen years old. “I asked Mr. Twitchell,” he said, “about his daughter’s age, because I knew how much depended on the age of the girl.”
Objected to the Testimony
Deputy Sheriff Fussell was called, but when Mr. Thomas asked about the conduct of the prisoner in jail and if he had suffered much counsel for the prosecution objected to that line of questioning and the objection was sustained by the court.
Then followed another private consultation between the court and counsel with reference to the admission of the letters in evidence. They were read by Mr. Justis to the jury as soon as the court reconvened. There were six letters in all. One of them read as follows:
Cora’s Letter.
September 14, 1896.
Dear Paul: I will write you a letter hoping that you are well. I am not well today. I feel very bad. I have not got very much to tell you, keep yourself till I see you again. I will do the same. I want to see you Sunday up you nowhere we was before. Do not forget wat you told me you would do. Well, cannot think of anything more.
I must say good by,
From your Dear Friend.
After argument by counsel, the case was submitted and the jury brought in a verdict of nine years in penitentiary.
A motion for a new trial has been made and the Judge took it under advisement until the August term of the court.
Father Shot Him
It will be remembered that the father of the girl shot Davis as he was passing from the jail to the courthouse. The wound was dangerous and at the time was thought to be fatal. After suffering the most excruciating agony however, he recovered.
The case was called in the Henrico County Court Wednesday, July 14th. Commonwealth’s Attorney Conway R. Sands and Hon. George D Wise appeared for the prosecution and George W. Thomas, Esq., and William M. Justis for the defense.
The Defense Objected
The defense objected to proceeding with the trial on the grounds that the court had no jurisdiction.
Cora Twitchell was the first witness. She testified that she had been living at Seven Pines for three years. She came from Baltimore, and previous to that from Buffalo.
She Tells the Story
She said that Davis had first had intercourse with her in the kitchen about the middle of June, 1896, and at another time in the woods where she was watching the cows.
The child was born March 27, 1897.
Dr. Harman and Dr. Winn attended her. She stated that she was 13 years age in April 19, 1896.
She said that her little sister was present the first time and told her mother.
A Question Argued
Counsel argued the question of introducing the love-letters which had been sent by Cora Twitchell to Paul Davis. Judge Wickham decided to admit them as evidence.
Cora admitted that she wrote letters to Paul upon the introduction of them stated that they were genuine. She sent the letters to Paul under the name of a neighbor named Mr. Hill, who was colored. She stated that she carried two letters to Mr. Hill’s place herself. She said no one complained to her parents because she associated with a colored person. Paul Davis was the father of her child.
When She Told it
Mrs. Twitchell said that Cora told her about Paul’s intimacy with her only after she had questioned her. She never charged that he had criminally assaulted her.
Mr. White, of Highland Springs, said he was acquainted with the Twitchell family. Cora visited his house about a year and a half or two years ago, about August before last bear the birthday of his daughter. These young girls were together then comparing ages; they were all nearly of the same age.
The Question of Age
“My daughter will be sixteen years old in next August, and Cora stated then that she was of about the same age. My family, Mr. Watson’s daughter, and Cora Twitchell were there.”
Cyclone Samuel was the next witness. He stated that he arrested Paul Davis, and related the circumstances. On December 11th, he came to the Courthouse yard and was asked by Mr. Twitchell to arrest Davis, who stood near the jail door. Witness said he knew Mr. Carlos Twitchell, and when he was asked whether Twitchell told him the age of his daughter the prosecution objected to the question, and the objection was sustained.
Testimony Necessary
The Court decided that the testimony of Carlos Twitchell was very necessary to decide the question of the age of his daughter, and if neither side wanted to call him, then the Court would order him to appear.
Mr. Thomas stated that Mr. Twitchell swore before ‘Squire Lewis, when he took out the warrant against Davis, that his daughter was fourteen years old at the time, and that for that reason he desired to call ‘Squire Lewis and introduce the warrant as evidence.
Twitchell Must Testify
The jury was taken out and the question of admitting the warrant argued before the Court. The Court finally ruled that Carlos Twitchell would first have to testify before the warrant could be introduced.
Mr. Carlos Twitchell was then called by the Court and examined.
“I am the father of Cora Twitchell,” he said, “but don’t remember when she was born without referring to the family record. I have six children living.”
When questioned by the prosecution he said he transcribed the record from the Bible. According to the record Cora was fourteen years old on April 19th, 1897. He would always refer to the record if he wanted to be correct.
What He Had Stated
When asked by the counsel for the defense, he said he had not spoken to ‘Squire Lewis of the age of Cora. Mr. Samuel was not present when the warrant was made out; he was in the hallway of the jail. When he took out the warrant he might have said she was fourteen years old. He did not recollect whether he told Mr. Samuel the age of his daughter. I might also have told ‘Squire Vincent that my daughter was fourteen years old at the time the warrant was sworn out on November 11th last, his daughter was thirteen years and seven months old.
A recess was then taken until 9 o’clock.
The Warrant Produced
At the beginning of the evening session ‘Squire J.T. Lewis produced the warrant which had been sworn by Carlos Twitchell. It states that in August last, his daughter was fourteen years old. Several more witnesses were heard on behalf of the defense, but an adjournment had finally to be take on account of the absence of Dr. Croxtan, who is wanted by the defense and who was confined to his home by sickness.
When the court convened Thursday morning at the appointed hour Judge Wickham and counsel for both sides at once retired to the former’s private room to argue the instructions submitted to the Court by both sides.
A Judge of Handwriting
It was 11:15 when the Court reconvened and Mr. T. F. Taylor, deputy clerk of the County Court, was first called to the stand by counsel for the defense. He declared that he was a good judge of handwriting and when the various letters were shown him, some of which Miss Cora Twitchell had said on the previous day were not written by her to Davis, he pronounced them all to have been written by the same person.
County Clerk Waddill who was then called made a similar statement and said he felt convinced that all the letters were written by the same person.
In Favor of Davis
Dr. Croxtan, the jail physician then gave testimony in regard to the examination of Miss Cora Twitchell, which he thought at the time was about fourteen or fifteen years old, but he was not willing to sweat that she was fourteen years old at the time.
‘Squire G. C. Vincent, who lives near Seven Pines, said he knew Mr. Charles Twitchell. He remembered when Davis was arrested. He had a conversation in Mr. Ullman’s store two days before the case came up before the magistrate with Mr. Twitchell who told him that his daughter was little over fourteen years old. “I asked Mr. Twitchell,” he said, “about his daughter’s age, because I knew how much depended on the age of the girl.”
Objected to the Testimony
Deputy Sheriff Fussell was called, but when Mr. Thomas asked about the conduct of the prisoner in jail and if he had suffered much counsel for the prosecution objected to that line of questioning and the objection was sustained by the court.
Then followed another private consultation between the court and counsel with reference to the admission of the letters in evidence. They were read by Mr. Justis to the jury as soon as the court reconvened. There were six letters in all. One of them read as follows:
Cora’s Letter.
September 14, 1896.
Dear Paul: I will write you a letter hoping that you are well. I am not well today. I feel very bad. I have not got very much to tell you, keep yourself till I see you again. I will do the same. I want to see you Sunday up you nowhere we was before. Do not forget wat you told me you would do. Well, cannot think of anything more.
I must say good by,
From your Dear Friend.
After argument by counsel, the case was submitted and the jury brought in a verdict of nine years in penitentiary.
A motion for a new trial has been made and the Judge took it under advisement until the August term of the court.
About this article
Source
Location on Page
Upper Left Quadrant
Topic
Contributed By
Brian Schrott
Citation
“Convicted Him,” Black Virginia: The Richmond Planet, 1894-1909, accessed January 20, 2026, https://blackvirginia.richmond.edu/items/show/1181.