THE GREENE COUNTY RECORD JULY 27, 1922
ANOTHER HOMICIDE IN ALBEMARLE COUNTY - Albemarle is gaining the unenviable
distinction of having homicides occur with frequency. The last of these killings
reported occurred Wednesday of last week in Sugar Hollow, not far from
Boonesville. The victim was Robert Batten, son of James Batten, a well known
merchant at Mt. Fair. He was shot and instantly killed by Gilbert Via, the 23
year old son of W. A. Via, a farmer near the western border line of Albemarle
and Augusta.
The shooting occurred about sunset in the public road just outside of the
village of Mt. Fair, and was the outcome of bad feelings that had existed
between the two men since the Saturday before, when James Batten, a brother of
Robert Batten, had a quarrel with Allen Via, Gilbert Via's brother. Gilbert
stepped in and prevented a clash which aroused the ire of Robert Batten.
According to Via, who came to the city with his father and surrendered to
Sheriff Smith, he shot in self defense. He says that on returning to his home at
Mt. Fair from a visit to Morton Shiflett he met Robert Batten in the road,
advancing toward him, with pistol in hand; that as he drew nearer he raised his
shotgun and fired, the charge striking young Batten full in the chest, causing
instant death. Via's father declared that twice since the falling out of the two
men, Batten had visited Gilbert's home and wrecked the house, in one instance
breaking up a lot of fruit jars; that his last visit to the Via home was the day
before the killing, when he made a threat that he was going to get Via upon his
return home that night.
THE DAILY PROGRESS, CHARLOTTESVILLE, VA, (DATE UNKNOWN)
TWO VIA BOYS SENT ON TO COURT
The hearing on the warrant against Gilbert Via, charging the murder of Robert
Batten, on July 18 last and his brother Allen Via, for an assault on Mrs. T.
Batten, was taken up this morning before Justices Claude R. Yardley, C. B.
Jones, J. W. Wolfe, and J. E. Gibson, and resulted in both defendants being on
to the next grand jury of the county. Attorney Lyttleton W. Wood represented the
Via boys and Mr. E. O. McCue conducted the case for prosecution.
APPLICATION FOR BAIL, The accused young men were then taken before
bail-commissioner W. F. Long and application made before him by their counsel
for their release under bond until after the grand jury acts.
The commissioner called for production of evidence surrounding the affair, on
motion of the prosecution, and this called for a lengthy hearing of the whole
matter over again before him. The sitting was held in the law-offices of Messrs,
R. H., and L. W. Wood and presented a most picturesque scene, as a large crowd
of the residents of the Brown's Cove section had come down to see how the
hearings terminated and along with the many witnesses produced occupied all
available space in the large front office on 5th Street, as well as the hallway
and out onto the pavement above the progress office.
GREENE COUNTY RECORD, STANARDSVILLE, VA, THURSDAY, AUGUST 3, 1922
KILLING RESULTS FROM 15 CENT BET
CHARLOTTESVILLE-That the killing of Robert Batten by Gilbert Via at Mt. Fair in
the western end of the county at the foot of the Blue mountain, July 18, was the
result of a trivial bet of 15 cents as to which of the two men was a better shot
was revealed at the preliminary hearing Saturday before a bench of five county
magistrates. The justices also heard a batch of cross-warrants that were issued
by and against various other parties mixed up in the unfortunate affair.
The evidence produced showed that Batten challenged Via for a test of skill
Saturday, July 15 and placed a bet of 15 cents that he could beat him. Via won
the shot and got the small amount of change, whereupon Batten claimed to be the
better man and virtually forced a fight, in which Via worsted him.
On the Sunday following it appears that relatives and friends of Batten brought
the matter up again by appearing at the Via home and proceeded to threaten him
and make a show of violence, there being six in the party. It is stated that
they violently abused Via and his brother and insisted on having the matter
fought out, but Mrs. Via restrained her boys and the party quieted down. But
this proved not to be the end of the affair, as Tuesday afternoon, Robert batten
again came over to the Via place accompanied by some of his supporters,
including Mrs. Batten, and not finding Gilbert at home denounced him as a coward
and demanded of Mrs. Via to state where she was hiding him.
In the meanwhile Gilbert Via and his brother Allen, had gone up on the mountain
to see a family of Shiflett's and had taken his shotgun along, as he said, to
try to get a groundhog. When he reached a hollow in the road below his house
Robert Batten spied him and made at him, pistol in hand, using vile epithets and
denouncing him a coward. Via states that he then shot to defend himself, as his
life was in imminent danger. As stated further, someone in the Batten party
grabbed the pistol from the fallen mans hand and endeavored to shoot Via, but he
could not work the automatic.
Mrs. Batten was present, endeavoring to attack Gilbert, whereupon Allen Via
struck her over the head, as he says to prevent further casualties.
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