The breakfast room

In early July 1873, according to the Clarke Courier's account, part of the Little family was at breakfast at their father's house in Clarke County when two of the six brothers came into the dining room, locked the door behind them, and put the key in a pocket. The Courier's July 10 account gave little explanation for the violence. It said that, at the coroner's inquest, the family “was careful to divulge only that which was the immediate cause of his death.” A Baltimore Sun correspondent, writing from Winchester the day after the killing, reported words spoken in the room: that Oscar told his brother Clinton they had nothing against him and did not want him to interfere in what they were about to do. The Courier does not carry them, and said that little evidence established what was said before the shot. Both papers report that Lycurgus fired the shot that killed Clinton.

A general fight

“A general fight ensued,” the Courier reported, “in which the mother received a wound in the thigh from a pistol ball, which shooting, it seems, was unintentional, she having endeavored to shield Clinton from the assault, and in doing so got between him and Lycurgus’ pistol.” Columbus and Gilbert took the revolvers away, and Oscar and Lycurgus ran for the barn, the paper said, “for the purpose, it is supposed, of getting horses to make their escape.” They did not get them. About a hundred yards from the house Gilbert, who had picked up a rifle, fired and hit Oscar in the leg. Oscar gave up, and Lycurgus, “not wishing to desert his brother, also surrendered.”

Confined in the county jail

“Oscar and Lycurgus are now confined in the county jail, awaiting trial,” the Courier finished. The paper gives no reason for holding them there, and none is supplied here. That confinement was what put Berryville in the Richmond papers. When the Richmond Enquirer sent a correspondent to look the town over, it explained that the place was “brought into prominence at this time from being the place of confinement of the Little brothers, charged with fratricide.” That was the newspaper’s pre-trial description. The reported convictions were for murder in the second degree.

it is considered by the court that the said judgment of the Circuit court be reversed and annulled, that the verdict of the jury be set aside, and that the cause be remanded to the said Circuit court for a new trial to be had therein in conformity with the foregoing opinion.
Little v. Commonwealth, 25 Va. 921 (1874): the Court of Appeals opinion reversing Lycurgus Little's first conviction, Supreme Court of Appeals of Virginia · The dispositionShort excerpt from existing text, not a facsimile.

Two years of trials

Lycurgus was convicted at Berryville in October 1873 before Judge Robert H. Turner — murder in the second degree, fourteen years in the penitentiary. Oscar’s trial was moved to Winchester, where a jury convicted him and fixed seven years. Then, in November 1874, the Court of Appeals reversed the decision below in Lycurgus’s case and it went back for retrial. The Court of Appeals did not question the jury’s finding of guilt. It reversed because the trial judge had kept two things from the jury: Lycurgus’s own words to a witness moments after the shooting, offered as part of the immediate event, and evidence that would have let the defense challenge a Commonwealth witness, James F. Milton, Jr. — including an account of what Milton had told the grand jury, and a report that he had said he wished the brothers dead. On that ground alone the higher court sent the case back for a new trial. It said nothing about the length of any sentence, and nothing here explains why the second jury settled on five years.

A witness changes his account

At the second trial the Commonwealth called Gilbert Little, who now testified that the killing had been accidental. He had told the coroner’s inquest otherwise. He explained the difference by saying that the first statement was made under the influence of an opiate and that he was not in his right mind when he gave it. Judge Turner allowed the earlier statement in to impeach him, but expressly not for or against the prisoner. The jury convicted again on the same charge and cut the term to five years.

Pardons refused

In April 1876 the Courier reported, under the heading “Pardons Refused,” that Governor Kemper had declined to pardon either man, after referring the application to Judge Turner, who declined to join it.

About the accountsWhat the evidence says
What the evidence says

Nine newspaper issues: eight of the Clarke Courier across four years, and one Alexandria Daily State Journal carrying a Baltimore Sun special. Four were read on the page image. One court opinion was also read in full text, though not on a page image, and no other court record was examined.

Four separate Courier issues were read on the page image, and each carries a different part of the story: July 10, 1873 for the killing, the wounding of the mother, the pursuit, the inquest and the confinement; April 8, 1875 for Gilbert Little’s changed testimony and the judge’s ruling on it; April 15, 1875 for the second verdict; and April 6, 1876 for the refusal of a pardon. Four further Courier issues — July 24, 1873, October 30, 1873, December 4, 1873 and November 12, 1874 — were read as text only, without a page image, and carry the Enquirer’s description, the two 1873 verdicts and the 1874 reversal. The words spoken in the room come from a ninth issue, the Alexandria Daily State Journal of July 7, 1873, reprinting a Baltimore Sun special, and are reported as that paper’s account; the Courier does not carry them. The Court of Appeals opinion reversing the first conviction, Little v. Commonwealth, was read as a full-text electronic edition, not a page image; its citation does not match its own internal pagination, which is unresolved. No inquest record or penitentiary register was consulted.

  • An account exists✓ Supported by a source

    The Clarke Courier of July 10, 1873 reported that part of the Little family was at breakfast at their father's house in Clarke County when two of the six brothers entered the dining room, locked the door and pocketed the key, and that Lycurgus Little fired the shot that killed his brother Clinton.

    See the evidence
    ✓ Supported by a sourceAn account exists

    The Clarke Courier of July 10, 1873 reported that part of the Little family was at breakfast at their father's house in Clarke County when two of the six brothers entered the dining room, locked the door and pocketed the key, and that Lycurgus Little fired the shot that killed his brother Clinton.

    What the source supports

    What the Courier reported had happened, and who fired.

    Uncertainty

    A newspaper report published days after the event, not a court record. The sources disagree on the date and on where the house stood.

    Source

    Reporting

    Evidence role: supports. The killing as the Courier set it out.

    Clarke Courier (Berryville, Va.), July 10, 1873, page 3: the Little killing reported

    Clarke Courier · 1873-07-10 (publication)

    Locator: Page 3, column 1, the Little killing

    Relevant passage
    A general fight ensued, in which the mother received a wound in the thigh from a pistol ball, which shooting, it seems, was unintentional, she having endeavored to shield Clinton from the assault, and in doing so got between him and Lycurgus' pistol.

    Checked: Original inspected. A digital reproduction was inspected; no original has been handled.

    Open source

    Source family: clarke-courier-little-case-1873-1876. Multiple passages from one source are not independent witnesses.

    AI-assisted source check (Claude Opus 5) · 2026-09-23. How this project checks its sources

  • An account exists✓ Supported by a source

    The Courier reported that Oscar and Lycurgus Little were confined in the county jail, awaiting trial.

    See the evidence
    ✓ Supported by a sourceAn account exists

    The Courier reported that Oscar and Lycurgus Little were confined in the county jail, awaiting trial.

    What the source supports

    Where the two men were held before trial.

    Uncertainty

    The report states the fact of confinement and gives no reason for it. No reason is supplied here.

    Source

    Reporting

    Evidence role: supports. The sentence recording the confinement.

    Clarke Courier (Berryville, Va.), July 10, 1873, page 3: the Little killing reported

    Clarke Courier · 1873-07-10 (publication)

    Locator: Page 3, column 1, confinement

    Relevant passage
    Oscar and Lycurgus are now confined in the county jail, awaiting trial.

    Checked: Original inspected. A digital reproduction was inspected; no original has been handled.

    Open source

    Source family: clarke-courier-little-case-1873-1876. Multiple passages from one source are not independent witnesses.

    AI-assisted source check (Claude Opus 5) · 2026-09-23. How this project checks its sources

  • An account exists✓ Supported by a source

    The Courier of April 8, 1875 reported that Gilbert Little, called by the prosecution at the second trial, testified that the killing was accidental, and that, having told the coroner's inquest otherwise, he explained the difference by saying the first statement was made under the influence of an opiate and that he was not in his right mind. Judge Turner allowed the earlier statement to impeach him but not for or against the prisoner.

    See the evidence
    ✓ Supported by a sourceAn account exists

    The Courier of April 8, 1875 reported that Gilbert Little, called by the prosecution at the second trial, testified that the killing was accidental, and that, having told the coroner's inquest otherwise, he explained the difference by saying the first statement was made under the influence of an opiate and that he was not in his right mind. Judge Turner allowed the earlier statement to impeach him but not for or against the prisoner.

    What the source supports

    Why a witness changed his account, in his own stated terms, and what the court did with it.

    Uncertainty

    This is the witness's explanation as the paper reported it, not a finding that it was true.

    Source

    Reporting

    Evidence role: supports. The witness's stated reason.

    Clarke Courier (Berryville, Va.), April 8, 1875, page 3: Gilbert Little's testimony

    Clarke Courier · 1875-04-08 (publication)

    Locator: Page 3, column 1, Gilbert Little's testimony

    Relevant passage
    he accounted for the difference in his statements by saying that the first was made under the influence of an opiate, and that he was not in his right mind when he testified before acting coroner Wharton.

    Checked: Original inspected. A digital reproduction was inspected; no original has been handled.

    Open source

    Source family: clarke-courier-little-case-1873-1876. Multiple passages from one source are not independent witnesses.

    Reporting

    Evidence role: supports. The court's ruling on the earlier statement.

    Clarke Courier (Berryville, Va.), April 8, 1875, page 3: Gilbert Little's testimony

    Clarke Courier · 1875-04-08 (publication)

    Locator: Page 3, column 1, the ruling on the inquest statement

    Relevant passage
    Judge Turner decided that it might be used to impeach his testimony in court, but not for or against the prisoner.

    Checked: Original inspected. A digital reproduction was inspected; no original has been handled.

    Open source

    Source family: clarke-courier-little-case-1873-1876. Multiple passages from one source are not independent witnesses.

    AI-assisted source check (Claude Opus 5) · 2026-09-23. How this project checks its sources

  • That it was so? Unconfirmed

    The sources disagree about when and where the killing happened: one account places it on July 5 and another on July 6, 1873, and the house is put about seven miles from Winchester in one report and at White Post, near Berryville, in others.

    See the evidence
    ? UnconfirmedThat it was so

    The sources disagree about when and where the killing happened: one account places it on July 5 and another on July 6, 1873, and the house is put about seven miles from Winchester in one report and at White Post, near Berryville, in others.

    What the source supports

    That two basic facts of the case are unsettled in the published record.

    Uncertainty

    Neither disagreement is resolved here. No deed, plat or court record was consulted.

    Source

    Reporting

    Evidence role: supports. The July 10 report is one of the accounts that disagree; the others lie outside this story's sources.

    Clarke Courier (Berryville, Va.), July 10, 1873, page 3: the Little killing reported

    Clarke Courier · 1873-07-10 (publication)

    Locator: Page 3, column 1, the Little killing

    Relevant passage
    A general fight ensued, in which the mother received a wound in the thigh from a pistol ball, which shooting, it seems, was unintentional, she having endeavored to shield Clinton from the assault, and in doing so got between him and Lycurgus' pistol.

    Checked: Original inspected. A digital reproduction was inspected; no original has been handled.

    Open source

    Source family: clarke-courier-little-case-1873-1876. Multiple passages from one source are not independent witnesses.

    AI-assisted source check (Claude Opus 5) · 2026-09-23. How this project checks its sources

Each statement above is assessed on its own evidence. Nothing here is averaged, scored or voted on, and a well-attributed account can be documented while what it describes stays unconfirmed.

Closing notes
What to take awayAn allegation, a verdict and a reversal are three different things, and this case produced all three within two years.

What this record does not settle

Two plain facts are unsettled in the published accounts. The papers of that week disagree whether the killing was on July 5 or July 6, and they place the house differently — about seven miles from Winchester in one report, at White Post near Berryville in others. Neither is resolved here, and no deed, court file or inquest record was examined for this story. What follows the killing is a newspaper record of a criminal case, not the case file itself.

Open question

Why did the second jury fix five years where the first fixed fourteen?

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Human remains found at Berryville's bank site in 1881

Another Berryville story that turns on what a newspaper did and did not report. An editorial connection, not a personal one.