Evening star. [volume] (Washington, D.C.) 1854-1972, 1856-07-21
crash beard Che crack Of pistol, but does

not remember smelling gunpowder heard the
pistol just before he got in the dining room
door might have been a yard from the steps
of the dining room door when the pistol went
on there was no shot fred after witness en-.
tered the room heard only one report of
pistol don't know how Herbert was standing
at the time the man was shot he was in
cumbent position after the man was shot as
witness passed down the room the parties
were moving from him the man who had
been shot had drawn out from the party in the
struggle before this Withdrawing movement
immediately after witness entered the room
he saw this wounded person retire from the
| crowd; after the man was shot saw the per-
sons engaged with Herbert beating him with
plates; there was broken crockery enough to-
| indicate Eve hundred blows, but will not say
how many there might be; don't recollect
seeing Col. Mckay in the room; the object of
witness was to stop the ARRAY; had no feelings
either way; Il is clear In the mind of the wit
ness that the blows were going on after the
shot; Herbert was still exerting himself, do
ing the best he could; the wound on Herbert's
nose was not dangerous one; would call it
wound rather than a scratch; went over with
Her bert to his room; left him at the door and
returned TO the hotel; thinks Mr.. Willard
could tell better than himself how much crock
| cry was broken; there was only ono explosion
| OF fre arms; saw two groups as he entered
the room, and the one that attracted his eye
| was one near the pantry door; judged by ap-
pearance there were as many as fifty or sixty
blows saw about as many blows upon Herbert
Of plates after the shot as three men could in
| fict in three minutes; could not say if he saw
| ffty or sixty blows; there might have been
| fifty or sixty
| Captain Dupont called saw the last part
| Of the ARRAY; was sitting in tho vestibule on
left side of Office; heard loud noise like fall
II yrnp IS 1AkA a.
| number of persons in great commotion, and
shortly after that pistol was fred was not
near enough to the group to distinguish per-
| sons; one person was not erect; several others
| were around; another person was picking up
a chair; cannot say if the one recumbent was
contending with the others; the person with a
chair struck another and almost Immediately
after the pistol was discharged; cannot say if
the pistol was discharged while this one was
in recumbent position.
Mr. Preston here objected to a question by
Mr.. Bradley, as calculated to instruct the wit
ness as to what he should say, and fortifying
| his objection by quotations from Mathews
| Digest of Criminal Law, page 153.
Mr.. Walker followed, citing from Greenleaf,
| section 434.
Mr.. Bradley suggested that other witnesses
for defence had been asked precisely the same
question without objection from the other
side. Mr.. quoted from Roscoe's Criminal
| Evidence, page 167.
Mr. Preston urged that the law guarding
against leading questions would be utterly
useless if such questions could be put. What
was the use of excluding witnesses from the
court room il counsel for the defence wore to
be permitted to recapitulate to the witnesses
for the defence what had been testified to by
the witnesses for the United States?
The District Attorney followed, quoting
from Greenleaf, and cOntending that the wit
ness had already stated he could not testify
| whether Herbert was in a recumbent position
or not, because his attention was directed to-
wards another quarter.
The Court decided that, as a general rule,
the counsel for defence cannot ask leading
questions, but may enable a witness to under
stand what the question is in controversy; and
accordingly, the question could be put.
Saw no occurrence take place like a sepa.
ration of the group; does not recollect SEEING
| any person In the costume of q cook.
Cross examined Was standing within the
room at the time of the shot; did not stay as
Major Harris remarked that it was no use to
stay and be shot accidentally, and they went
out; to the best Of his recollection the pistol
shot put an end to the conflict; is nea sighted;
three gentlemen passed out by witness, one of
whom, Major Harris said, was Phil Herbert.
The Court here took recess of twenty
minutes.
| The DISTRICT BEFORE CONGRESS- In the
House, on Saturday, in the course Of the day q
proceedings Mr.. Meacham, from the Com
mittee for the District of Columbia, reported
Senate bill to relieve the Corporation of George.
town for the payment of bills for making road:
west of Rock Creek, with the recommend alton
that 1t do not pass and it was laid on the
table
Also, from the same committee, reported
adversely on the petition Of the Washington
and Alexandria Railroad Company, praying
for the privilege of laying a railroad track
across the Long Bridge, and on the petition Of
Isaac Scsggs and others, citizens of Prince
George s and MontS )mery counties. Maryland
praying for Congress TO make free that portion
Of the Baltimore and Washington turnpike
road which lies within the limits of the Dis
trict Of Columbia, by purchasing the same
| Mr.. GoOde, asked the consent of the Hous &c
to move to set apart Wednesday and Thurs
day next for the consideration of business re
lating to the District of Columbia; but OBJ.
lection was made.
EXQUISITE COOKERY -Zittell, the partner
of our neighbor Potentini, turns out to be one
of the most accomplished artistes de cusin.
in this country. 1t will be recollected tbs
not long since NJ. Potentini added frst class
ladies' restaurant to his confectionery estab
lishment, placing it insthe hands of Zittell,
1 HHo cduo W tnib CITY lIou hrcuuOnU ulSnly
recommended By the gOurmsnds, for whose
good taste that city has for half century
been famous. We speak from the card in say.
ing that there is no house in the country where
| one is more certain to obtain edibles, delica-
| cies or substanIials Of the season cooked more
| palatably or served in better taste, though
| everything is conducted there quietly and
without pretension. The establishment is not
only for the accommodation Of ladies but of
gentlemen also. Many Of the most noted low
ers Of good eating among US having found it
out, are already patronizing it regularly. We
advise all who really love good eating to test
their capacity. -
| FAMILY QUARRELs.-Yesterday afternoon a
| fight occurred in that portion Of the Fourth
| Ward known as English Hill in which one
| man was badly beaten. Captain Mills hap
| pening to be near, he was informed of the oc-
| currence, and on going to the house he found
| a man named Mcqueen lying On the floor ap-
Il