Evening star. [volume] (Washington, D.C.) 1854-1972, 1856-07-19
EVENING STAR.
LOCAL INTELLIGENCE,

Az u NGks
SECOND TRIAL OF HKRBsRr DAY.
The indisposed juror, Mr.. Owens, was sufi.
cieutly recovered this morning TO be able to
resume his place in the jury box. ape.
At 10 o'clock the prisoner was brought in.
Some delay was occasioned through the wit.
nesses for the prosecution not being in at
tendance, and it was suggested by the Dis.
trict Attorney that the hour TO which the court
adjourned had not been understood BY the
Witnesses. ~
Ga5rII Dsrenois was called to the stand
I. the cook at Wizards; the rule at VIII
lsrd's is that after III o'clock the cook cannot
give any breakfast without an order from the
Office; on the Sth Of May, past eleven o'clock
swsittr came and asked for breakfast for
gentleman; witness refused, it being past the
hour; witness went to his private room for
his own breakfast; heard plates breaking,
but did not pay attention; in few minutes
heard the defamation OF n pistol went to
dining room; saw Herbert with something
white in his hand like q napkin or handker-
chief Herbert ran after Thomas and Patrick
Heating witness said two men Is too much
for one, and ran after Patrick Heating to push
lin away, saying, "Save save!" Herbert
put the pistol to Tom Keatings breast, and
after two or three seconds, fred the blood
few out in stream like from bullock fol.
lowed Herbert out In the street to see where
he went
Cress-examined. But three persons were
engaged when witness entered the dining room;
.he reason he went into the dining room was
because he heard the defamation Of q pistol ;
was in his little room at the time he heard it !;
If it bad been the defamation of . cap he
would not have heard 1t deceased was stand
ing with his hands thrown up when he was
shot.
Witness illustrated the position of the par
ties at the time of the shooting; described
Herbert as standing erect. ...t
Charles Quinn called As he went into the
dining room Herbert was seated at the break.
fast table; Herbert said bring my breakfast
Id quick )" witness cannot say If he spoke
to deceased Or him /; saw Herbert strike de.
ceased with his hand in which was napkin
or something white deceased went to table
and picked up something Herbert picked up
a chair; Pat Heating came in; witness went
out, and when he returned Thomas Keat-
ing was shot; couldn't say if Herbert struck
deceased with his hand or the napkin; struck
him in the face.
Cross examined.-Did not 20 to the kitchen
TO tell Pat Heating Of the ARRAY; the only
blow witness saw was the one Herbert struck
with the napkin in his hand
Jerry Rtordan called.-Mr. Herbert and
another gentleman came in about IL o'clock
and ordered breakfast; Herbert said " fetch
me some breakfast id quick" got part of
il and went for more, but cook said he could mt
have it without an order; went to second head
waiter and asked Herbert's name; didn't
like to ask Herbert himself, because he spoke
80 sDgrily the FIRST time; went to Office for
order; heard q noise, and when he returned
saw the ARRAY; saw Herbert seize Pat Keat-
ing and shoot him; is sure he heard the FIRST
shot, and saw the smoke of it.
Cross eXamined.-The first words Herbert
mad ha ct Al IL onI
breakfast
The defence objected to a question of Mr..
Preston Why witness did not ask Herbert di.
rectly his name.
The Court decided hat what Influenced the
walters mind could not be introduced as ev-
idence.
Nj Preston stated his purpose to be to show
Herbert's manner, and the state Of mind he
was in.
Witness testified that Herbert addressed
him angrily, and that he did not dare to 90 to
him to ask him his name; is positive that be
saw the smoke Of the first shot; Herbert was
standing erect when he fred; witness took
deceased out Of the room; Tom Heating had
nothing in his hand at the time Of the shot;
the cook separated the parties after the shot
was fired; only the four were struggling to-
gether when witness returned from the Office
Witness pointed out on the diagram the posi-
tions where the two shots were fred One oil
the colored men in the kitchen gave witnes:
the first part Of the breakfast; there are three
colored men and the French cook in the
kitchen.
A question of the prosecution, as to the
number Of persons in the room, was objected
to by defence.
The Court decided that the rule was, thai
no question can be asked on re-examination
by the prosecution except In relation to mat.
ter touched on by defence.
Mr.. Preston coptended that the defence
could not narrow down the questioning to on.
particular squad Of persons in the room.
Mr. Bradley said be had been careful t.
particular group
The Court ruled that the question could not
be put.
"A juror (Mr Owen,) asked why an orde,
was requisite for the last part Of the break.
fast and not the first.
The witness replied that he supposed Mr.
Herbert was hungry, and wanted some more
Great laughter
The Court explained to the witness what
the juror wished to know, and the question
being asked again, the witness replied that be
supposed the hour was getting later all the
time. (Rsnewed laughter.)
The witness was further questioned by mem
bers Of the jury in relation to the getting the
breakfast
.
left the room at the time he heard the report
Of pistol and saw the smoke; left them and
met Devenois as he was going out did not see
the pistol.
Cross examined AT the time Of the shot
there was a clinch and general scuf7e chairs
were uplifted Pat Heating was clinchsd with
Herbert at the time witness heard the shot ;
did not see nybody fall, or any blood thought
1t best for him to leave, as there might be re-
TolTsr. about Pa. Keating and Herbert were
clinched rs tight as they could be Ut the time
~itress left the room ; Tom Heating was lit
tie ways OF.
Thomas Broderfek called Saw Herbert
strike deceased with q chair, and afterwards
struck him with a pistol witness ran out to
tell Mr.. Willard there was fuss in the dining
room, and when he came back the man was
shot
John Rely was called but did not appear
The counsel for prosecution here retired for
conference, as to whether they should close
here or 20 further.
On their return, the District Attorney called
WlIIIam Seherger.-Was at Wizards on