Lynchburg daily Virginian. [volume] (Lynchburg [Va.]) 1852-1861, 1859-11-10

,ha service. with the suD'ttutlon III u cap III
.'oad If the Hungarian bat.
r.s Ass,uLr AND RnBBERY CAsE.--The exam.
-, nj William Tolcr and Thomas Lambert,
La.,,al with assanlting and robhng Solomon Lee
Wv" NJ Monday night last. was concluded before the
Mayor yesterday morning.
Ihc only witness appearing for the prosecu
; ,,ns = Hank, II German and stranger in
III. cty. who testified that lie was Mt Shancr's
Monday night at the time of the alleged assault
80 levi Said he recognized the two me-. before
linn NJ the ones who attacked and heat l.. :; saw
ono of them stike l.. over the head several times
Nth the banjo; saw l.. start to run, and heard
,,,, rry murder !" &c. All the parties were
,'ronscr- to him, and not having any special inte-
s,t in the case, he did not follow them, after they
left Shauer's establishment.
H. Hughes, who is partner with T"ler in Il
small grocery ut The upper end of Main Street,
testified that on Sunday morning last Toer had
IN his possession $3.50: he (lIughes) took 500
Fit. On Sunday they took in at the Store SD,
and on Monday the recei PTS amounted to s. 80 the
aggregate amounting to 5000, all OF witch was
IN possession of Toler when he left the store
Monday lie further testified that he had known
Toler for long time entrusted the entire iusi-
ness of the firm to him. and would be willing to
rust him ms far rs any man he had ever known.
W. ii. Plunket testified, that on Monday last,
he met with roler, who showed him one 500 note
and one IS, besides others which he did not I'M
roll Had known Toer for some time, and al
ways esteemed him as an honest man.
William Simpson testified tbn. he saw Toler
have in his possession on Monday, u bundle Of
hank notes. and that he seemed 10 be very anxious
I, bet on the election.
W. S. Green testified that Tocr had been once
in his employment had known him for ten years,
and had always regarded him US being very cor
rect Young man.
James Miller had known Toler for long time,
and always took hi to be bonest-
James Owens had known Lambert for fifteen
months, and always considered him gentleman.
H. Brooks testified that he had been in Shan
er's some time when Lambert came in, and called
on him to take drink. Very soon after taking
that drink, another was called Tor, about which
lime Levi came in and was invited to join them,
which he declined doing, As they were apron
ching the bar, Lambert stumbled against Levi,
but Immediately ngologiscd for SO dong. AMI said
he did not do it pun possly. Then it was that Lee
Vi made the remark which caused Lambert to
strike linn.
Jos Clemens testified that he met with To err
Monday did not see him have any money. hut
heard him boast that he had plenty 81 it; has
known T. Tor several years; always considered him
nm honest man. but somewhat disagreeable when
drinking.
Mr.. Levi, upon being interrogatei by the
.el for the accused, >aid he knife in the
hand IF the snaeRt pan, lambert and that it
was with the knife, the Yound over his eye was
inflicted lie also stated that Lambert was the
eau e If the difficulty. After he was knocked down
with the banj,, she lost all his senses" II forty
nine dollars nc hal in his pocket, intended
for the settlement af a bill. which he owed gen
rlcman who was stamping at the Washington
House After leaving his house, he called 1T the
Washington. but ascertained That tie gentleman
Of when he was in quest, had just gone out; he
was in search Of him when he CHANGED to call in
q, Sharer's.
The Mayor ordered the accused parties to lie
sent on Tor further trial ut the next term of the
Hastings Court on the chaige of assault and fell
ony and recognized the witnesses to appear at
hat time The case not being baahe, the prs.
oners were sent to Jail, Messrs. A. NJ. Tribleand
W. W. Williamson, appeared as counsel for the
defense.