The West Virginian. [volume] (Fairmont, W. Va.) 1914-1974, 1919-07-12
ASSAULT CHARGE
AGAINST H0[BERT
WAS DISMISSED
Court stenographer Denied
That He Struck
Aunt.

Wuo 10 1Ou! WQeTe Is GOQ. Wnat
would happen to you II you would not
tell the truth? These are few OF the
many questions which William Morris,
aged IL years. an important witness in
the trial OF Lawrence Holbert, was
asked yesterday afternoon by Attor-
ney Fl. S. Lively before he was permit.
ted to give evidence In the case The
small lad could not answer the first
question. To the second question he
responded by telling the court that
God was ''inheaven," ard TO the third
question he said that II he would not
tell the truth he would be hung" His
evidence In the case was admitted.
Lawrence Holpert, official court
s.enographer. was being tried on
charges of assaulting his auntp Miss
Virginia Manley, as well as striking
William Norris. the II year old boy.
Interest in the case was so great that
1t was necessary for Justice w. W.
Coraway to adjourn the hearing to the
grand jury room on the third floor
Of the court house. The hearing began
shortly after O'Clock and it was not
until $40 p. m. that Justice Coma.
way announced that the defendant had
been found INC; guilty." and the charg.
es were dismissed.
Miss Virginia Manley was the first
witness called to the stand and she re-
lated the story OF the alteration from
the beginning. She told that she was
the aunt of Lawrence Holbert, the de
fendant; that she lived on a farm
within short distance from the Hol.
bert farm. She explained that she had
onethird interest in certain apple
orchard and that Holbert owned the
other two-thirds. Last Tuesday she
and William Morris. aged IL years,
| Went to the orchard to get some ap
Pies. They picked not more than two
bushels off but two trees. After they
had loaded the apples in their buggy
and started across the meadow owned
by Miss Manley. Holbert come up from
the rear of the buggy and exclaimed:
Going to take all the apples are you o.
Hhe then jerked me out of the buggy
md slamed me down between the bug
+ sy and the wheels. never had such
shock in my ife." Miss Manley tes
titled. She explained that she thought
/ he might have been crazy as he stood
over her with his fists clinched ard fol
a while Miss Manley said that she
thought her very life was in danger
Miss Manley fell to the ground, he,
body striking the step on the buggy
and her arms falling between the
1 spokes of the buggy.
| Willie. Willie, come and help me,
she called. She told Willie to get the
buggy whip. According to Miss Man
ley;s testimony. Willie did get the
buggy whip and struck Holbert two
or three times across the back, where
upon Holbert took the whip away from
the boy and knocked the boy to the
ground. Miss Manley stated that Hol
bert hit her andthe boy both with his
fist and wrenched ker arm several
times, bringing her to the ground. Al
this point Miss Manley showed black
and blue finger prints on both arms
where Holbert grabbed her and also
Eshowed one thumb which was blacs
and blue from the encounter. On he,
arms one could easily distinguish each
finger mark
Holbert finally managed to get the
apples away and started for his prop
erty, followed by Miss Manley who de.
manded that the apples be returned
and that he return the whip. Miss
Manley told that she caught hold OF the
fence and attempted to steady herself
that way in her efforts to regain wha,
she believed TO be hers, but at this
time she was thrown back ard fortt
against the fence several times.
She produced the shirt worn by vii
liam Morris, which was badly torn
Miss Mauley explained that she mad,
the shirt for the boy herself and tha
lit was made Of hickory shirting.
Confined on Page Eeur)