Twitchell Acquitted
October 30, 1897
Summary
Carlos A. Twitchell, a prominent white man, shoots a black youth on false pretenses, and the jury finds him not guilty.
Transcription
Carlos A. Twitchell (white) a resident of Henrico County, charged with shooting Paul Davis (colored) of the same county, with a purpose to maim, disfigure and kill was tried in the Hustings Court of this city, Wednesday, October 27th, and acquitted. Commonwealth’s Attorney Richardson appeared for the prosecution and ex-Commonwealth’s Attorney H. M. Smith, Jr., for the defense. The jury was out only for three minutes.
The Scene in the Court Room.
The scene in the court-room was in a measure picturesque. Judge S. B. Witt presided. Carlos A. Twitchell sat to the left of his counsel while at his side was his wife, daughter and child. From time to time he would take the little one in his arms.
Commonwealth’s Attorney Richardson asked the witness be separated. He announced to the court that in as much as Attorney George W. Thomas, counsel for Paul Davis had informed him that if his client was brought into court as a witness, he would not permit him to testify, he had decided it was needless to have him brought into court, and would with the court’s permission proceed the trial without him.
The Girl in Question.
Cora Twitchell, the 15-year-old girl whose infatuation for the colored youth had brought so much trouble to herself, people and Davis sat at the side of her father. She is rather a comely girl of the brunette type, and bears little, if any resemblance to her father.
Deputy Sergeant Ferneyhough brought in the revolver, with which the crime was committed. A tag was attached thereto.
Dr. Croxton testified as follows:
I am physician to the county jail. I was sent for at the time Davis was shot. I went down and saw this man. I opened his clothes. He had a wound one inch above the navel and a little to the right.
The Dangerous Wound.
I probed the wound and found that the ball had entered the cavity of the abdomen.
Davis suffered from the shock. After I found that the ball had entered the cavity of the abdomen, I did not probe any further. I think it was inflicted with some fire-arm, pistol or something of the kind.
It appeared to be a bullet wound. Mr. Smith] We admit it was made with the pistol.
I did not extract the bullet. The condition of the man at present is good, and he has apparently recovered.
His Condition was Critical.
His condition for 15 days was exceedingly critical. I heard it once – only once. I looked out of the window, I did not see the firing. I saw the accused that day after the firing. I may have seen him before but I cannot say.
I examined the girl and found out her condition. I told her she was pregnant.
Deputy Voegler testified: –I am deputy sheriff of Henrico County. I am in charge of the jail very often. I think it was on the 11th of January, I was in the court-room. I went to the front office. I met Mr. Fussell. He started to shut the door and I took Davis.
The Would-be Murderers.
Davis thought he had to go around to the front door, but I carried him in at the side door. As he started around Twitchell put a pistol right at Davis and fired. Before he could fire the second time, I caught his hand and disarmed him. Mr. Fussell is the jailer.
Davis was shot with a 32-caliber revolver. I took the pistol and put it in the safe down there, thinking that the case would be tried there. Only one shot was fired. When I first saw him, he was standing in the front door of the court-house building.
The Henrico County Court House is on the corner of 22d and Main Sts. It is in the city of Richmond. He identified Twitchell as the man who shot Davis. I was taking Davis to the court-house for trial.
The Charges Against Him.
He was charged with committing a rape upon the prisoner’s daughter. I think that when Mr. Twitchell brought Davis there, it was for attempted assault.
Jailer Fussell said, –Mr. Voegler came into the office and said he wanted Paul Davis to take him into court. I was just behind him. I did not see Twitchell until the shot was fired. Mr. Voegler grabbed Twitchell and I caught the prisoner and held him until I saw that he was wounded and bleeding. I think Davis was brought to the jail in November about the 16th, I am not sure. Mr. Twitchell brought him there. He was charged with attempted rape.
I do not think that he knew that he had accomplished his purpose. The warrant was sworn out afterwards.
Had Not Seen Him.
I do not think that Twitchell had seen Davis from the time he was put in jail until that time. He did not call or ask to see him. Twitchell was a witness I think before the grand jury. He did not testify.
County-Clerk Sam P. Waddill, being in the court-room testified that Twitchell was sworn as a witness before the grand jury.
Mr. Smith] Is Paul Davis a white man or a Negro? A Negro, was the reply.
Mr. Richardson] The commonwealth will rest its case.
Mr. Waddill was sent for certain papers in the case –the two warrants and the bill of indictment of Davis.
The Prisoner’s Character.
J. W. Taylor Testified as to Twitchell’s character as did J. M. Tiller and Samuel Stern.
Detective Charles A. Gibson was about to testify, but was not permitted so to do.
Twitchell testified as follows:
When my wife got back from the north, she told me that Paul had insulted or attempted ot rape or something like that. I asked her if it were so.
I went over and spoke to Davis about it, and said, I understand that you have insulted my daughter. He said, “Taint so.” I took him down to the Court-House, and swore out a warrant before justice Lewis.
Would Have Killed.
After the first information, I found that Davis had accomplished my daughter’s ruin. If I had known it before, he would never have reached the court-house alive. They said it was best to find out about her condition. We sent for Dr. Croxton and he examined her and said, she was pregnant. I had no intimation of it until my wide came back from the north. I had never seen the “nigger,” since I found out he had ruined my daughter.
Admitted the Crime.
I saw them bringing Davis to the court-house and I was there. I became nearly crazy with anger and I shot him. I did not arm myself for the purpose of shooting him. I carried a pistol regularly on account of tramps and because I had long distances to go.
The idea of a man’s daughter being ruined by a “nigger” at that.
She cannot go into society. She has not visited a neighbor since, I did no more than any other man would have done. I got out a warrant for insulting her or committing rape on her.
Davis is about 20 or 21 years of age –a six foot “nigger.” He slept upstairs in my house. He came down through the large room. Questions by counsel elicited the fact that the room through which Davis had to pass to go out was Twitchell’s bed-room, in which himself, wife, daughter and children slept.
Slept in His House.
This Negro for nine months slept in my house. He ate in the same room with me, but at his own table and I at my table. He had to come through my chamber to get out.
I do not know when he was indicted for rape.
[The record showed that it was in December.]
I knew then that he had committed rape.
Mr. Richardson] Do you always carry a pistol? Answer] yes.
Mr. Richardson] I propose to introduce letters written long before the trial –Well, I waive the letters just at this time. There is a motion pending for a new trial in Davis’ case, is it not? Answer] I think so.
Mr. Richardson] Didn’t you know that your daughter had written several loving letters to this Negro?
Mr. Smith Objected and the Judge sustained the objection.
Explaining His Position.
Mr. Richardson] Let us see. I want my position understood on this case. The defense alleges that this man had committed rape on his daughter, and this man knew that this man Davis had not committed rape on his daughter.
Would it not be proper to prove that he alleged ground of excuse for his crime is not true.
Judge Witt] Not at this time.
Mr. Richardson] When was your daughter born?
Twitchell] My daughter was born 14 years ago. April 19th is her birthday. I do not know the year, unless I figure back.
Cora Twitchell’s Age.
This would make her time of birth April 19, 1883, when as a matter of fact, she was born April 19, 1882.
The age of consent in now 14 years and this fact would settle whether or not she could consent at the time the crime was alleged to have been committed.
Mr. Waddill testified upon the production of the papers. That is the original indictment, Found December 14, 1896.
Yes, there is a motion for a new trial in this case of Davis.
Mr. Smith] He has been tried, defended and the jury found him guilty.
Mr. Waddill] Yes.
The Charge in the Indictment.
Mr. Richardson] I claim that the indictment is not for rape. It is carnally knowing a child under the age of consent [14 years.]
Mr. Smith.] I claim that it is rape. It is all the same thing.
Then following a wrangle which was ended only by Judge Witt ordering them to desist.
Justice Lewis of Henrico County, testified, –I issued the warrants. The first warrant was issued November 11th. No one was there but Twitchell and Davis.
Perjury Proven.
Twitchell made oath that rape had been committed.
Mr. Richardson] And yet he swore that he did not know that the rape had been committed.
Justice Lewis] Twitchell said that he did not know it.
Mr. Richardson] The first warrant charged that Davis had raped Cora Twitchell, a female, 14 years of age, five days afterwards, November 16, you got some other witnesses, and you made out substantially the same thing.
Unworthy of Belief.
Twitchell swore that his daughter was 13 years of age. Twitchell then had full knowledge of the charge of rape.
Justice Lewis] He first swore that she was 14 years of age and a few days afterwards, he came back and swore that she was 13 years of age and denied having said that she was 14 years of age.
After the testimony by Commonwealth’s Attorney of Henrico County, Conway R. Sands, the case was given to the jury.
Evidence to Free Davis.
Evidence has already been obtained and will be produced in the Davis motion for a new trial proving that Cora Twitchell was over the age of consent.
The fact that she was not permitted to testify shows that her parents were afraid to trust her on the stand to testify against Paul Davis.
The following sworn affidavit will be interesting reading, showing as it does her affection for this colored boy.
Henrico County to Wit:
Richmond, August 12th, 1897.
I.T.F. Taylor a Notary Public for the County of Henrico, do certify that Cora Twitchell whose name is signed to the following statement, made oath that the facts contained herein are true to the best of her knowledge and belief.
What is your name?
“Cora Twitchell!”
How old are you?
“Fifteen years old the 19th day of last April.”
Where were you born?
“Buffalo, N.Y.”
You know Paul Davis?
“Yes.”
Who is to blame in the matter between you and Davis?
“One was as much to blame as the other!”
Did you voluntarily state to any one that you and Paul Davis were engaged to be married?
“Yes!”
Anything further to say?
“I desire to make oath that the evidence given by me before the Court was from fear of my parents and that I believe the chart exhibited in Court as to my age was gotten up for the purpose during Davis’ imprisonment. I am confident I was fifteen years old on my last birthday, for my parents told me so, and my reason for not stating it on my trial was from fear of my parents, who told me to swear as I did.
I male this statement freely and voluntarily without solicitation from anybody, as an act of Justice to all concerned with a desire to repair the wrong. I did to Davis in so swearing at the instance of my parents.
Cora Twitchell.
Subscribed and sworn to before this 12th day of August 1897.
T. F. Taylor, N. P
(A true copy.)
The Scene in the Court Room.
The scene in the court-room was in a measure picturesque. Judge S. B. Witt presided. Carlos A. Twitchell sat to the left of his counsel while at his side was his wife, daughter and child. From time to time he would take the little one in his arms.
Commonwealth’s Attorney Richardson asked the witness be separated. He announced to the court that in as much as Attorney George W. Thomas, counsel for Paul Davis had informed him that if his client was brought into court as a witness, he would not permit him to testify, he had decided it was needless to have him brought into court, and would with the court’s permission proceed the trial without him.
The Girl in Question.
Cora Twitchell, the 15-year-old girl whose infatuation for the colored youth had brought so much trouble to herself, people and Davis sat at the side of her father. She is rather a comely girl of the brunette type, and bears little, if any resemblance to her father.
Deputy Sergeant Ferneyhough brought in the revolver, with which the crime was committed. A tag was attached thereto.
Dr. Croxton testified as follows:
I am physician to the county jail. I was sent for at the time Davis was shot. I went down and saw this man. I opened his clothes. He had a wound one inch above the navel and a little to the right.
The Dangerous Wound.
I probed the wound and found that the ball had entered the cavity of the abdomen.
Davis suffered from the shock. After I found that the ball had entered the cavity of the abdomen, I did not probe any further. I think it was inflicted with some fire-arm, pistol or something of the kind.
It appeared to be a bullet wound. Mr. Smith] We admit it was made with the pistol.
I did not extract the bullet. The condition of the man at present is good, and he has apparently recovered.
His Condition was Critical.
His condition for 15 days was exceedingly critical. I heard it once – only once. I looked out of the window, I did not see the firing. I saw the accused that day after the firing. I may have seen him before but I cannot say.
I examined the girl and found out her condition. I told her she was pregnant.
Deputy Voegler testified: –I am deputy sheriff of Henrico County. I am in charge of the jail very often. I think it was on the 11th of January, I was in the court-room. I went to the front office. I met Mr. Fussell. He started to shut the door and I took Davis.
The Would-be Murderers.
Davis thought he had to go around to the front door, but I carried him in at the side door. As he started around Twitchell put a pistol right at Davis and fired. Before he could fire the second time, I caught his hand and disarmed him. Mr. Fussell is the jailer.
Davis was shot with a 32-caliber revolver. I took the pistol and put it in the safe down there, thinking that the case would be tried there. Only one shot was fired. When I first saw him, he was standing in the front door of the court-house building.
The Henrico County Court House is on the corner of 22d and Main Sts. It is in the city of Richmond. He identified Twitchell as the man who shot Davis. I was taking Davis to the court-house for trial.
The Charges Against Him.
He was charged with committing a rape upon the prisoner’s daughter. I think that when Mr. Twitchell brought Davis there, it was for attempted assault.
Jailer Fussell said, –Mr. Voegler came into the office and said he wanted Paul Davis to take him into court. I was just behind him. I did not see Twitchell until the shot was fired. Mr. Voegler grabbed Twitchell and I caught the prisoner and held him until I saw that he was wounded and bleeding. I think Davis was brought to the jail in November about the 16th, I am not sure. Mr. Twitchell brought him there. He was charged with attempted rape.
I do not think that he knew that he had accomplished his purpose. The warrant was sworn out afterwards.
Had Not Seen Him.
I do not think that Twitchell had seen Davis from the time he was put in jail until that time. He did not call or ask to see him. Twitchell was a witness I think before the grand jury. He did not testify.
County-Clerk Sam P. Waddill, being in the court-room testified that Twitchell was sworn as a witness before the grand jury.
Mr. Smith] Is Paul Davis a white man or a Negro? A Negro, was the reply.
Mr. Richardson] The commonwealth will rest its case.
Mr. Waddill was sent for certain papers in the case –the two warrants and the bill of indictment of Davis.
The Prisoner’s Character.
J. W. Taylor Testified as to Twitchell’s character as did J. M. Tiller and Samuel Stern.
Detective Charles A. Gibson was about to testify, but was not permitted so to do.
Twitchell testified as follows:
When my wife got back from the north, she told me that Paul had insulted or attempted ot rape or something like that. I asked her if it were so.
I went over and spoke to Davis about it, and said, I understand that you have insulted my daughter. He said, “Taint so.” I took him down to the Court-House, and swore out a warrant before justice Lewis.
Would Have Killed.
After the first information, I found that Davis had accomplished my daughter’s ruin. If I had known it before, he would never have reached the court-house alive. They said it was best to find out about her condition. We sent for Dr. Croxton and he examined her and said, she was pregnant. I had no intimation of it until my wide came back from the north. I had never seen the “nigger,” since I found out he had ruined my daughter.
Admitted the Crime.
I saw them bringing Davis to the court-house and I was there. I became nearly crazy with anger and I shot him. I did not arm myself for the purpose of shooting him. I carried a pistol regularly on account of tramps and because I had long distances to go.
The idea of a man’s daughter being ruined by a “nigger” at that.
She cannot go into society. She has not visited a neighbor since, I did no more than any other man would have done. I got out a warrant for insulting her or committing rape on her.
Davis is about 20 or 21 years of age –a six foot “nigger.” He slept upstairs in my house. He came down through the large room. Questions by counsel elicited the fact that the room through which Davis had to pass to go out was Twitchell’s bed-room, in which himself, wife, daughter and children slept.
Slept in His House.
This Negro for nine months slept in my house. He ate in the same room with me, but at his own table and I at my table. He had to come through my chamber to get out.
I do not know when he was indicted for rape.
[The record showed that it was in December.]
I knew then that he had committed rape.
Mr. Richardson] Do you always carry a pistol? Answer] yes.
Mr. Richardson] I propose to introduce letters written long before the trial –Well, I waive the letters just at this time. There is a motion pending for a new trial in Davis’ case, is it not? Answer] I think so.
Mr. Richardson] Didn’t you know that your daughter had written several loving letters to this Negro?
Mr. Smith Objected and the Judge sustained the objection.
Explaining His Position.
Mr. Richardson] Let us see. I want my position understood on this case. The defense alleges that this man had committed rape on his daughter, and this man knew that this man Davis had not committed rape on his daughter.
Would it not be proper to prove that he alleged ground of excuse for his crime is not true.
Judge Witt] Not at this time.
Mr. Richardson] When was your daughter born?
Twitchell] My daughter was born 14 years ago. April 19th is her birthday. I do not know the year, unless I figure back.
Cora Twitchell’s Age.
This would make her time of birth April 19, 1883, when as a matter of fact, she was born April 19, 1882.
The age of consent in now 14 years and this fact would settle whether or not she could consent at the time the crime was alleged to have been committed.
Mr. Waddill testified upon the production of the papers. That is the original indictment, Found December 14, 1896.
Yes, there is a motion for a new trial in this case of Davis.
Mr. Smith] He has been tried, defended and the jury found him guilty.
Mr. Waddill] Yes.
The Charge in the Indictment.
Mr. Richardson] I claim that the indictment is not for rape. It is carnally knowing a child under the age of consent [14 years.]
Mr. Smith.] I claim that it is rape. It is all the same thing.
Then following a wrangle which was ended only by Judge Witt ordering them to desist.
Justice Lewis of Henrico County, testified, –I issued the warrants. The first warrant was issued November 11th. No one was there but Twitchell and Davis.
Perjury Proven.
Twitchell made oath that rape had been committed.
Mr. Richardson] And yet he swore that he did not know that the rape had been committed.
Justice Lewis] Twitchell said that he did not know it.
Mr. Richardson] The first warrant charged that Davis had raped Cora Twitchell, a female, 14 years of age, five days afterwards, November 16, you got some other witnesses, and you made out substantially the same thing.
Unworthy of Belief.
Twitchell swore that his daughter was 13 years of age. Twitchell then had full knowledge of the charge of rape.
Justice Lewis] He first swore that she was 14 years of age and a few days afterwards, he came back and swore that she was 13 years of age and denied having said that she was 14 years of age.
After the testimony by Commonwealth’s Attorney of Henrico County, Conway R. Sands, the case was given to the jury.
Evidence to Free Davis.
Evidence has already been obtained and will be produced in the Davis motion for a new trial proving that Cora Twitchell was over the age of consent.
The fact that she was not permitted to testify shows that her parents were afraid to trust her on the stand to testify against Paul Davis.
The following sworn affidavit will be interesting reading, showing as it does her affection for this colored boy.
Henrico County to Wit:
Richmond, August 12th, 1897.
I.T.F. Taylor a Notary Public for the County of Henrico, do certify that Cora Twitchell whose name is signed to the following statement, made oath that the facts contained herein are true to the best of her knowledge and belief.
What is your name?
“Cora Twitchell!”
How old are you?
“Fifteen years old the 19th day of last April.”
Where were you born?
“Buffalo, N.Y.”
You know Paul Davis?
“Yes.”
Who is to blame in the matter between you and Davis?
“One was as much to blame as the other!”
Did you voluntarily state to any one that you and Paul Davis were engaged to be married?
“Yes!”
Anything further to say?
“I desire to make oath that the evidence given by me before the Court was from fear of my parents and that I believe the chart exhibited in Court as to my age was gotten up for the purpose during Davis’ imprisonment. I am confident I was fifteen years old on my last birthday, for my parents told me so, and my reason for not stating it on my trial was from fear of my parents, who told me to swear as I did.
I male this statement freely and voluntarily without solicitation from anybody, as an act of Justice to all concerned with a desire to repair the wrong. I did to Davis in so swearing at the instance of my parents.
Cora Twitchell.
Subscribed and sworn to before this 12th day of August 1897.
T. F. Taylor, N. P
(A true copy.)
About this article
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Upper Left Quadrant
Topic
Contributed By
Brian Schrott
Citation
“Twitchell Acquitted,” Black Virginia: The Richmond Planet, 1894-1909, accessed February 19, 2026, https://blackvirginia.richmond.edu/items/show/1214.