The Sun.
London, England, 1856-05-27 00:00:00

LEGISLATIVE

-.A2.1111V GTON

(Frani the Washington Star, May 8.)

To-clay, shortly after 11 a.m., P. T. Herbert, a
California member of the House of Representatives
of the United States, went over to breakfast at
Willard's Hotel, where he takes his meals, and sent
a boy from the breakfast-room for his breakfast.
In four or five minutes after a portion of his break-
fast was set before him, and the boy then told him
that at that hour it would be necessary for him
(the boy) to get an order from the office to have a
breakfast sent up from the kitchen.

Herbert told the boy to Clear out, you Irish
son of a 1)—.” lle turned round to another
waiter, Thomas Keating, who was standing near
by, and exclaimed, " And you, you d— Irish
son of a b--, clear out, too." The answer of
Thomas Keating was not comprehended by our
informant (an eye-witness.)
Herbert, on being answered by Thomas, rose
and struck him on the neck behind with his fist.
Thomas Keating seized a plate and threw it at
Herbert. Herbert seized a chair, and threw it
across the round table at Thomas Keating, striking
him with it.
They then clinched and fought. Another Cali-
fornian, whose—name-we have not heard, came in -
at the door and ran to Herbert's assistanoe, and
also struck Thomas Keating with a chair.
Patrick Keating, the brother of Thomas (and
the steward of the house), at that time coming into
the room, ran to his brother's assistance and seized
Herbert, who immediately drew a revolver. The
other Californian at that time was striking both
the Keatings with a chair.
As Herbert drew his revolver Patrick Keating
seized it by the barrel, and they struggled over it
for some moments until the French cook of the
house came in and separated Herbert and P.
Keating, who let go his hold of the pistol barrel.
Thomas Keating and the other Californian were
mingled in that particular part of the fray between
Herbert and Patrick. After Patrick let go the
barrel of the revolver Herbert seized Thomas (who
had clinched him and was struggling for the pistol)
by the collar, and putting the pistol to his breast,
shot him through the lungs, killing him in five
minutes.

After the shot one of the other servants threw. a
piece of china ware at Herbert, but none of the
others interfered.

Herbert and his Californian companion left the
room and house immediately by the Fourteenth-
street door, where Herbert took a hack and drove
away. Subsequently he delivered himself up at the
office of Justice Daniel Smith, in Eighth-street.
His examination for killing Thomas Keating,
aged about 34 or 35 years (who leaves a wife and
two children), will take place at the guard-house
at 4 p.m. this afternoon. Messrs. Bradley and Car-
lisle are counsel for Herbert.

The two Keatings were civil men, and were

Itvourites with the boarders in the house.

This account of the affray we take from the lips
of one of the servants, an aged man, who saw all
of it.

TELEGRAPHIC.

Washington, May 19, 10 p.m.

The examination of Mr.:l-perWrt, on the charge
of shooting Thomas Keating at Willard's Hotel,
was resumed this evening. The court-room was
densely crowded.
District-Attorney Key asked for a postponement
of the case, stating that at his instance Secretary
Marcy had solicited Mr. Dubois, the Neth6rlands
Minister, who saw the occurrence, to attend as a
witness, but Mr. Dubois declined doing so at pre-
sent, wishing first to consult with other members
of the diplomatic corps. Mr. Key remarked that
foreign Ministers " being exempt from process in
such cases, Mr. Dubois must attend voluntarily,
if at all, and there was no probability of his attend-
mice until to-morrow.

The counsel for the defence opposing a postpone-
ment, the sitting justices ordered the examination
to proceed.
Arnold Harris, John E. Reynolds, Major Gra-
ham, and William A. Gardiner were examined for
the defence. Mr. Gardiner is the Californian who
was in company with Herbert when the difficulty
occurred, and with whose pistol Herbert shot
Keating. Mr. Gardiner and Mr Herbert „lodged
together, and the latter, as Mr. Gardiner states,
took the pistol from the mantelpiece of their room
on the evening preceding the occurrence. Mr.
Gardiner gave a graphic description of the fight,
in which he was a prominent actor.
Messrs. Bradley, Weller, Percy, Walker, and
Phillips addressed the Court in favour of the dis-
charge of the prisoner. District-Attorney Key re-
plied on the part of the prosecution, the question
of bail entering largely into his argument. After
a session of five hours the prisoner was remanded
to the custody of the United States' Marshal, the
Court stating that they would render their decision
to-morrow.