The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1856-05-10
THE DAILY DISPATCH
saturday Nlernins. MAJ In 1SSa

,,->-y-S---- AIS DioI N OI
-sy saturday MerninG, May 10, 1856.
-. ~'~,@>~---~~N-~,-~
inc eheeting Case In washinG nGton-.Fur
ther Particulars.
Inc telegraph yesterday gave brief account
fasal ARRAY ~ Wizards Hotel, In Washington 4
which Hon. Philemon T. Herbert, of Californis
Killed Thomas Keating one of the walters. Tn
Star OF Thursday afternoon gives the tollowin
account Of the affair:
Today, shortly after IL A. NJ, p T. Herbert
california member of the House of Representa-
tives OF the United States, went over to breakfas
AZ WIZARDS Hotel where he takes his meals, an,
sent boy from the breakfast room for his break
iast In four or five minutes after portion Of hi
breakfast was set before him, and the boy thel
told him that at that hour It would be necessar,
tor him the boy) to get an order from the Office &
nave breakfast sent up from the kitchen.
Herbert told the boy to "CIear out you Irisl
son OF D" He turned around to anothe
waiter. Thomas Heating, who was standing nea
by, and exclaimed, And youyou damned Irish sol
OF b, clear out too." The answer Of Thos
keating was not comprehended by our informant
IAN eye witness.)
Herbert, on being answered by Thomas ros.
and struck him on the neck behind with his fist
Thomas Keating seized plate and threw II a
Herbert Herbert seized chair and threw i
across the round table at Thomas Keating stri
king him with it.
They then clinched and fought. Another Cali
fornian, whose name we have not heard, came IL
at the door and ran 70 Herberts assistance and al
sotstruck Thomas Heating with . chair
Patrick Keating, the brother of Thomas, (ant
the steward of the house. at this time coming II
the room, to his brothers assistance and sezet
Herbert who Immediately drew a revolver. The
other Californian at that time was striking bott
the Keatngs with chair.
AS Herbert drew his revolver, Patrick Heating
nd hov atrnO OOl lad
for some moments, until the French cook of the
house came in and separated Herbert and p
Heating, who let go his hold of the pistol barrel
Thomas Heating and the other Californian were
Herbert and Patrick. After Patrick let go the bar
rel Of the revolver Herber. seized Thomas (who
had clinched him and was struggling for the pistol
by the collar, and putting the pistol to his breast
shot him through the lungs, killing him in five
minutes
After the shot,one of the other servants threw a
piece of chinaware-at Herbert, but none of the
others interfered
Herbert and his Californian companion left the
room and house Immediately, by the Fourteenth
street door, where Herbert took hack and drove
away Subsequently he delivered himself up al
the office of Justice Daniel Smith, on Eighth street
His examination for killing Thomas Heating
aged about "a or 35 5years, (who leaves wife and
two children) will take place at the Guard house al
L. M, this afternoon Messrs Bradley and Car
Isle are counsel for Herbert.
The two Keatings were civil men, and were fa
vorifes with the boarders in the house
This account of the affray we take from the lips
OF one of the servants, an aged man, who saw all
of 1t.
AT o'clock Thursday afternoon, Mr. Herbert's
examination took place. Senator Weller, Mr..
Philips of Ala, and Messrs. Bradley and Ratcliff
of Washington, appearing for the prisoner.
A number of the servants belonging to the hotel
were first examined. Their testimony was some.
what contradictory, but their evidence was mainly
to the effect that Mr.. Herbert came into the dining
room ut halfpast IL o'clock, accompanied by a
friend and called for breakfast but being past the
usual hour he was informed by the servant that he
could not have his meal without an order from the
office. Herbert directed several servants WHO
spoke to him on the subject to retire, calling them
harsh names. .
The deceased made reply when Herbert struck
him with his fist or napkin. The deceased picked
up plate or tray making a movement as if to
throw it, when Herbert threw his chair at the de
ceased the latter returning the assault with the
plate. During the melee, Patrick, brother of
the deceased, entered, having heard Of the pro-
ceedings, when Herbert seized him, and the two
brothers closed on Herbert. The struggle now
became intensely exciting, and as it progressed,
crockery and chairs were broken profusely by the
parties to the contest. The Austrian Minister was
present as spectator quietly beholding what was
occurring, and did not move until he went up to
the man whom Herbert shot, to ascertain whether
he was dead
Col Mckay testified that he saw. when he enter
ed the dining room. six seven persons in a scuf
fe, and thought it was a general fight among the
stewards Of the Hotel but he beheld one of the
servants knock down Mr.. Gardiner with q chair
He saw three servants striking Mr.. Herbert and
holding him by the wrists one of them struck
him with chair, when witness seized a chair to
defend Herbert, who was sinking under the
weight of those upon him. Gardiner was beating
them promiscuously. After Herbert fred his ps-
tol the other two Servants still clinched him. Mr.
Smith rushed forward with a cane saying, 'if you
don't release him I'll kill you" Mr.. Herbert was
injured and the witness placed patch ON his nose
Herbert's pistol was single barrel
Capt. j. Smith confirmed Col. McKays state.
ment, saying A crowd of servants had Mr. Her.
bert in their power, striking him the head with
plates, &c.
Mr. Bishop a member of Congress, testified that
he was positively certain the pistol discharged
while the struggle was going on Three or four
persons were holding him, and he appeared to be
much exhausted.
Captain Blanding corroborated the fact that
several servants were keeping a man down,
(whom he afterwards ascertained to be Mr.. Her.
bert) previous to and at the time of the firing OF
the pistol.
Capt Deponte's testimony was confrmatory of
the above.
The examination was continued for five hours
and was adjourned until ye .terday-Mr Herbert,
in the meantime, remaining in the custody of the
marshal.