New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1856-05-12
THE WASHINGTON HOMICIDE.
Topographic Dispateh TO the As'oeiafed Pre-"
DECISION OF THE MAGISTRATES In THE CASE OF
HERBERT.

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DECISION OF THE MAGISTRATES In THE CASE OF
HERBERT.
WASHINGTON, Saturday, May 10, 1a5s.
Justices Smith and Bishop delivered their decision this
ing the case Of Herbert They say Afer careful OK
animation Of the evidence feel 1t to be duty We owe
alike tho defendant and to that the ends Of
Justice may fully met send this matter to the Criminal
"Cosr Of th. District tribunal being conceive tho
proper grant refuse the application of the defendant
or discharge to the application for bail divided in
OPINION therefore commit the defendant to the custody
"of the Msba until be be discharged by duo of law
Mr. Herbert brought before Judge Crawford this AFTER
noon writ of habeas corpus his counsel praying for his
discharge The examination of witnesses occupied hours
but the testimony about the that delivered before the
Police Magistrates The Judge will give his decision Mon
day understanding with both parties is that the Minister
for the Netherlands may then DO examined should he assent
the request to appear as witness
Does any man believe, if a waiter in Willard's
Hotel had FIRST insulted, then struck, and finally
shot dead, Mr.. Herbert or any other Member Of
Congress, that the Justices before whom he was
first arragned would have put forth any such hest
tatipg, non. committa, waverng, hairsplitting de-
cision as the above9 Would they have been divided
on the question of bail Would they have sent the
case to any other tribunal for decision7 Who does
not see that the social positions respectively Of the
slayer and his victim are the basis of this extraor
binary "deeisOn I"
And who does not realize that this is an element
which should never be taken into consideration in
a criminal case If an Hon. Member can do
with impunity, or with little danger of pun
ishment, that which will send waiter or bOOtback
to state prison or the gaOws, then our Republican
institutions will last just long enough to enable the
CLOVER classes" 80 called, to become fully aware
of the fact. From that moment, the power Of the
law among US will be at an end and every man will
do with impunity whatsoever he sees fit, unless
overcome by superior physical force. The law OF
the strongest will be the only law obeyed or recog-
nized.
We do not know Mr.. Herbert, but we have no
doubt he will have, as he ought, the fullest and
farest hearing his trial for the slaughter OF Keat
ing. Whatever justification, paliiation or excuse
may be pleaded in his behalf, will Of course be pre-
scented and faithfully regarded. We must hope that
he will make out far better case on the trial than
was made out for him on the preliminary examlna-
ton. So far, we have seen no proof that Heating
or any other waiter at Wizards table was even
"insolent' to him, or could reasonably be so pro-
nounced by the most devout believer in social dis
tnctions. But there will doubtless be fuller evil
dence on the trial, and let all conclusive judgment
in the premises await that ordeal ALI we insist on
is that the prisoner shall be regarded simply as
man, who has killed another man-how justihaby,
the evidence must determine. The facts that the
slayer is Member of Congress and his victim
waiter must be utterly ignored. This the Justices
have not done in their preliminary adjudication;
we trust Judge Crawford will deal with tho case
more becomingly in the judgment he is expected to
render to-day.