Evening star. [volume] (Washington, D.C.) 1854-1972, 1856-05-09

Thomas Eeating was behind them, and Her
oerts friend was striking him with chair
At the time deceased was shot he was not
touching Mr. Herbert; when he was shot he
put his hand to his breast. Herbert got the
pistol from Pats grasp and turned and shot
Thomas in the breast saw nobody but the
four men engaged in the struggle two shots
| were fred-was positive Of this deceased
| walked about two yards and fell when the
| first shot was fred witness was standing lust
| inside the dinipg-roOm door; saw the smoke
| of both shots
Michael Dougherty sworn.-Was in the pan
try boy told him there was murder inside |:
ran IN and saw the two Keatings, Herbert and
MS Trend, all clinched together; Herbert's
irlend struck Pat with chair, and then wit
ness heard pistol fired Herbert had hold
| OF Ihomas Keating by the collar when he
nred the three were clinched together.
u Devenois sworn.-Is the French cook at
Willards; while eating his breakfast he
heard noise; on entering the dining room
saw Herbert run after Pat. and his brother !;
| Herbert struck Pat on the head with a pis-
| tol; witness caught Pat. to save him, and at
| the same time Herbert placed his pistol to the
breast of the deceased, and fired the blood
| gushed out like spring. Only three were
engaged in the scuffis; Patrick had not hold
of Herbert at the time Herbert shot Thomas
Heating; Thomas had his hands thrown up in
the attitude Of shielding himself when the
shot was fred; witness had got Patrick Kea-
ting out of the way to save him; only one shot
| was fired. The witness here drew a diagram
| of the dining-room to show the position of the
tables, and of the parties engaged in the af.
| tray. The breakfast hours at Willards were
/ from O'Clock to 10 or IL a. m. at the latest,
| and after that an order from the Office was
| requisite.
Michael Carol sworn-Is a waiter at Will
lards; was in room next the dining room
heard the report of pistol; went in and saw
Herbert strike Pat Heating with a chair; saw
Thos Heating holding his hands to his breast
| and blood flowing from it.
Henry willard sworn.-Is one Of the propri-
| etors of Willards' hotel; saw nothing of the
ARRAY.
Charles Quinn was recalled by request Of
Mr.. Bradley, who questioned him in regard to
red mark upon his forehead and how he
| came by it, witness answered that it had al.
| ways been there.
John Riley swern.-Was standing at the en-
trance to the dining-room heard a noise, and
| saw the two keatings and Herbert engaged in
| kind of clinch together; another gentleman,
| a friend OF Herbert s, came in and struck Pat
| rick Heating nine or ten times with a large
| stick; Herbert had q chair striking Heating :;
Herbert fred one shot at Pat Heating, and
missed him; Devenois, the French cook went
| between them to separate them; Herbert held
| the pistol to Thomas Keatings breast and
| fired; heard two shots fired, and saw them
| fired by Herbert
Francis Maynard sworn Was in the dining
loom before the shooting; heard Herbert call
| Riordan ''sOn of a bitch;' Riordan went after
| the breakfast, but could not get it without an
order; Thomas Heating, the deceased, had
nothing to do with the breakfast, it not being
UQfn hut
| about his work preparing for dinner; Herbert
SAID to the deceased "Clear out, God damn
you don't want any son of bitch around
me keating made no reply; Herbert rose
with pistol in his left hand and a chair in
| his right hand, and struck Heating with a
| chair; witness ran to inform Mr.. Willard of
the affair, and met him at the stairs, but when
he returned it was all over; Mr.. Willard then
sent him for Drs. Stone and Rely; the table
where Herbert sat was a round table, near the
office.
james Quinn, sworn.-Saw Herbert get on
his feet; saw deceased 20 down the room
Herbert threw chair at him; deceased threw
tray, or something of that description, back
at Herbert; deceased ran up the room, Her
bert following him; Pat Heating met them.
and then commenced a scufle another gen.
tleman camo up and struck at Thomas with
chair; witness heard the report of pistol,
ana then he left the room heard but one shot
hred the parties were all in a scuffIe together
when the pistol was fred
The United States evidence was here con-
Guided, Mr.. Du Bots, the Minister from the
Netherlands, who had been summoned, not
being present.
Col. Mckay was sworn for the defence
was sitting IN the recess of the entrance room
Of the hotel heard a crash of chinaware, fol.
lowed by falling of something as Of chairs;
supposed az first 1t was table upset; heard
another crash, which induced him to 90 into
the dlning-roOm; he walked up the dining
room some seven or eight feet, and saw six
or eight persons engaged in a scuf1e; sup
posed at first it was a general fight among
the hotel servants, and was about retir.
Ing he saw Mr. Gardiner crossing the hall:
one OF the servants seized q chair and struck
Mr. Gardner, knocking him down in the act
Oh bis rising plate or dish was flung at him,
ne dodged the blow, and caught it on his hand;
witness saw three men striking one man whom
he did not at first recognise, but afterwards
asceTtained was Mr.. Herbert The deceased
held Herbert by the right arm, man in the
rear held him by the left arm, while another
OF the servants struck Mr.. Herbert with
chair, and the chair breaking, seized second
omar Herberts arms at this time were pin.
Toned; witness seized a chair to defend Her.
pert, who was being beaten by three men.
The three were evidently endeaYoring to hus-
Tie Herbert out Of a side door By the time
witness got within six PAGES he heard pistol
hired. Herbert was fairly beaten down in a
crouchlng position; witness did not recognise
Herbert until after the pistol was discharged;
the deceased retired between the tables: after
the firing he got Herbert away, and went with
al N TO magistrate, when Herbert delivered
himself up; at the time Of the shot Herbert was
III crouchiDS position, aud must have fred up
ward; TIE deceased had hold of Herbert in
front, the brother Of deceased had hold of him
from behind, ard another servantwas striking
Herbert with chair; was positive that the
pistol was fred while the parties were scuf-
ming; witness saw the pistol; it was a single
6arrei pistol, what is called Duninger pistol
herbert had no other pistol about him, and
GaIdlner had none; most positively only one
shot was fred.
Capt j Smith sworn Was at Will
laTd at the tlme Of the ARRAY heard crock
cry breaking and saw a confusion of people:
heard pistol; when ne got to the door saw
Mr. Herbert In conflict with four or five nsr.
soDs, some striking him on the head, as wit
ness tleu0ht. with pIates uit1aes