Evening star. [volume] (Washington, D.C.) 1854-1972, 1856-07-11

to get an order from the Office; hearing noise
Of crockery breaking, he ran back, and az he
entered the dining.room, be heard the first
shot 80 Oh; Pat Heating and Herbert were
tangled in scufle; Herbert grabbed Tom
Heating by the coat and shot him; Heating
oled In two or three minutes after he was shot;
saw Devenois come up and separate the par
ties; witness had been at Willards' about q
month; the parties were oil jostling at the
time the frst shot went off.
James Quinn sworn.-Was present at the
ARRAY; it was his duty on that morning to clean
the glass for dinner; heard q noise; looked
around and saw Herbert on his feet and de-
ceased running from him; deceased seized
something's plate or a tray; Herbert seized
achair and threw it at Heating; Heating threw
whstever he had in his hand; deceased then
ran up the room to where witness stood; Pat
Heating ran in from behind and grabbed
something and threw 1t towards Mr.. Herbert;
both Herbert and Pat were on q run ap.
preaching each other; they met and cliuched
and jostled; deceased ran across and raised
chair over Herbert's head, but did not strike
him for fear of hitting his brother; a friend of
Herbert came in and raised chair over Tom
Keating's head; Tom turned around to defend
himself from behind: witness heard the report
of pistol between Pat Heating and Mr. Her.
bert, and thought it was time for him to leave,
as there might be revolvers about; as he went
out he met Devenois, the French cook, coming
in; saw nobody fall; went up stairs, and look
ing out of the window, saw them carry de-
ceased out in the yard.
next the dining room heard a noise in the
dining-room; went in and saw Herbert strike
deceased with a chair, and then with his pis-
toll on the head; went out and when he came
In the deceased was shot.
The District Attorney here exhibited dia-
gram, prepared by Mr.. Henry A. Willard,
of the dining room, with the distances Of doors
and tables accurately marked.
Mr.. Willard sworn.-Saw nothing Of the
ARRAY; deceased had been with him month
or six weeks at the time of the ARRAY;
deceased had been employed by him at times
before.
Mr.. Percy Walker here moved the Court to
call upon the District Attorney to bring all
the witnesses Of the transaction before the
jury az witnesses for the United States, quoting
various English cases in support of his motion.
The District Attorney opposed the motion,
and the Court Overruled the motion, though
cOnceding that there might be peculiar cases
in which 1t might be granted.
The Court rose at o'clock, with the under
standing that the prosecution would be closed
at an early hour this morning.
Inadvertently DR.. Thos. Miller was named
yesterday as q witness for the defence
THIRD DAY.
To-day, the interest in the trial continues
undated, as indicated by the large assem-.
blage Of spectators. The change in the tenn
perature is agreeably felt in the court room
The prisoner was brought in shortly after
ten a. m
The District Attorney announced that the
testimony for the United States was COM
pleted.
Some delay was occasioned by the witnesses
for defence not being in attendance. Mr..
Bradley stated that they had not anticipated
being called so soon, suppOsing that other wit
nesses were to be examined for the prosecu-
ton.
Hon. James Bishop, sworn for defence -
Was at Wizards at the time of the ARRAY;
entered the diningroom from the fact of hear
lug the breaking Of crockery and the rustling
Of chairs. sounding like fracas; when he
entered the room, there seemed to be a gen.
eral scufie about the middle of the room,
near the end of the long table; recognized
Mr.. Herbert by the formation of his head and
his hair; had previously seen Mr.. Herbert
seated at the table on his way to the office;
in the room were several persons; cannot state
the exact number; did not recognize Mr.
Herbert positively until he saw him bent down
with several persons pressing upon him; heard
pistol discharged as he was Fastening tow ards
the parties; his impression is that the pistol
Was Wullc ue Was III tQlS Dcnt POSI-
ton; heard no other shot; after the shot, the
parties separated and Herbert came out, pis-
tol In hand, apparently much exhausted; his
impression is that there was no separation Of
the crowd before the shot; heard no encour-
aging cries from servants or others; saw some
one looking like cook near the parties thinks
he should have seen the cook if he had sepa-
| rated the parties.
Cross examined ARRAY had COM
al xuha ~ n
witness illustrated upon Mr.. Bradley the posi-
ton of Mr.. Herbert while pressed down. His
impression was that three persons were en-
gagged upon Mr.. Herbert, and had the advan-
tage Of him; it was general melee, and he
could not say certainly that they were all en-
gagged with Herbert; does not know any of
the walters; does not know Gardiner; saw
smoke of the pistol, but did not see the pistol
| until Herbert emerged from the scufie saw
deceased stagger back; heard him say, I" am
shot," after Herbert fired he walked out of
the crowd with the pistol in his hand and
afterward put it in his pocket; was not a
boarder at Willards'.
John n Reynolds sworn Wv as at Wizards
on the day of the ARRAY; was passing the di-
ming room door about IL o'clock, heard a noise
like the crash of crockery turned around and
entered; saw two or three persons clinched
nearly opposite the third round table; did not
know any Of the parties, but soon discovered
that the fight was between a boarder and
the walters; the two walters engaged seemed
to be powerful men, and seemed tO be bearing
the stranger down, and witness began to feel
excited himself at the unequal contest; in the
struggle chairs and crOckery were used saw a
friend of Herbert strike waiter with chair ;
almost Immediately heard the report of pig
tOl; discovered no cessation in the struggle up
to the time Of the firing of the pistol; thinks
there were three or four persons engaged in
the scufie; the report of the pistol appeared
to be smothered; there were two or three per-
sons between witness and Herbert at the
time; at the time witness was in infrm health;
his impulse was to rush to Herbert's assist
ance, but the state of his health prevented;
was astonished that able bodied men who came
In did not rescue Herbert.
Gross examined AT the precise time the
pistol was fred Herbert was out Of his sight;
waiter had Herbert by the collar shortly be-
fore the pistol shot; his impression is that
Herbert was bent down at the time of the shot;
saw Gardiner strike q waiter almost at the
same instant of the shot; thinks Herbert could
not have seized deceased by the collar and
4 Al