Evening star. [volume] (Washington, D.C.) 1854-1972, 1856-05-10
EVENING STAR.
LOCAL INTELLIGENCE.

ternoop before Justices Smith and Birch, in
the court room of tho City Hall. The pris-
oner was brought in shortly before five o'clock,
and the examination proceeded with In the
presence Of largo assemblage Oh cltizens ana
members Of Congress.
Mr.. Bradley announced that the eXamiua-
ton OF witnesses for defence would not be en-
tered upon until the testimony for the prose-
cutiOn was concluded.
Mr.. hey, the District Attorney, stated that
the only witness yet to be examined on the
part of the prosecution was Mr.. Du Beis, the
minister from the Netherlands, and as foreign
ministers were rot liable TO the ordinary pro-
cess Of law, ne had addressed a note to the
Secretary of State to request the attendance
of Mr.. Du Bots, to which he had received the
following answer:
DEPARTMENT OF STATE,
Washington, May Q, 1856.
To P. BARTON KEY, Esq, Washington.
SIR: have to inform you that, pursuant to
the request contained in your note OF this
date, have addressed an invitation to Mr..
Du Bots, the Minister of the Netherlands, to
appear as a witness against Mr.. Herbert, and
have had an interview with him upon the
subject, but be declines for the present to ac-
csdo TO my request He deems il necessary,
before making up mis- mind, to consult the
other members of tho diplomatic body.
1t is not probable that he will be able to do
this before to morrow or next day.
/ am, sir, your obedient servant,
w. L MARCY.
Mr.. Key disliked to put the prisoner to any
hardship, but felt it his duty to ask post
pOnement until this testimony could be OBJ
tanned.
The counsel for defence commended that it
was a case Of extreme hardship to put the
prisoner in custody until this witness should
decide whether he will obey the summons
or not. There was no guarantee that the
delay would be productive Of any good what
ever, and the testimony if procured would
only be accumulative testimony, there being
an unusually large number of witnesses to the
transaction.
The District Attorney replied that it could
only be determined after the evidence of this
witness was given whether it was only accu-
mulative. The evidence now before them
was confused, contradictory, and principally
by those who took part in the ARRAY Here
was a witness who was sitting there as a cool,
unexeited eye witness to the whole traBsac
ton. This gentleman was a stranger here,
having arrived within a few days, and wished
time to consult his diplomatic associates as TO
the course proper for him to pursue. There
was no hardship in the delay until to- morrow
or next day.
The point was further argued by the Dis
trict Attorney and by the counsel for defence,
when the postpOnement was refused by tho
Justices, and the examination was resumed.
Arnold Harris sworn for defeuce.-Wa as at
Wizards on the morning of the sffray; was
sitting upon a sofa near the Office, At the west
end Of the hall, with friend, when hearing a
noise IN the dining room, he supposed at first
that table had been upset, but seeing some
persons hurrying towards the door Of tho
dining room, he remarked to his friend that
There was a row there" and they proceeded
leisurely to the dining room; on entering the
door he saw large crowd Of people at the
further end of the room engaged in a strug-
gle; did not know at that time who tho par
ties were; saw several, perhaps three or four,
upon one man; another man was standing
near by with a chair, with which he struck
down one Of these persons, and the person
thus struck, he thought, had knife in his
hand; can identify the person who used the
chair, bat not tho person who, he thought,
had a knife; about that time, and when
he had advanced about a third Of the way
down the room, be heard a pistol fired
witness then recognized Mr.. Herbert and went
TO him Herbert was supported upon two sides
by persons whom witness did not know his
face was bloody and he appeared very much
exhausted; witness considered the struggle a
desperate one Herbert, he thought, was in a
recumbent position when the pistol was fred
witness could not not say if the person he
supposed to have knife was a servant; the
gentleman who struck with the chair he sf-
forwards learned was Mr.. Gardiner; no thinks
IL was owing to Herbert's recumbent position
that he (witness) did not recognize Herbert
before he emerged from the crowd dozen
persons were engaged In the scuffle; Gardiner
was standing with the chair in his hand using
II very actively; Herbert was barehcaded
when he left the room; could not say if any
knives or plates were used in the struggle
heard the pistol shot while the fray was going
on ; heard but one shot; did not see deceased
shot
John Z. Reynolds sworn.-He is en- invalid
and gave his evidence seated in a chair; was
:.
about III o clock heard a noise in tho dining
loom and entered; he first saw five or six
persons, all told F; two or three were engaged
In fight; did not know any Of the parties
and thought, at first, it was fight between
some IF the boarders afterwards, during the
contest, he distinguished several persons
dressed IN snort ackets struggling with one
man whom he supposed to be boarder. This
man, whom he afterwards ascertained to be
Herbert, appeared 10 witness to be borne down,
and to be receiving pretty hard usage. The
struggle continued some time during which
no one seemed to 60 to Herbert's rescue,
and IN the mean time chairs were used
Inc persons engaged with Herbert pressed
him to the side of the room some fifteen Yards:
witness advanced towards Herbert, and saw
man, who he took to be friend of Herbert.
strike waiter on the head with a chair
AOvut the same time he heard the report of
pistol, the struggle still continuing without
interruption. The parties did not separate
before the pistol was fired witness thought
Herbert was In n STOPPING position pressed to-
wards the wall when the pistol was dis
charged; was Of the impression that the
striking with the chair caused the separa
tIOn. The impulse of witness was To rush to
the assistance Of Herbert, but was prevented
by the state Of his health
VIM. Gardiner sworn Went To break
fast IN company with Herbert between ten
and eleven o'clock on the morning Of the af.
ray took seat at the same table with Her
bert the table was the first or second one ON
the right hand side gsiDg in Herbert ordered
breakfast and they waited as it seemed to him
some twenty minutes, but he was hungry and
~ might not have been so long the boy came
back and witness understood him to saw that
he could not get any breakfast for them Her
bert then called the boy a id rascal, and
Told him TO 90 Cd and get some breakfast the
deceased then walked up to the table, and il
was evident by his manner that he was dis.
Piessed at what Herbert had said Herbert
A m no e..