The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1856-05-11
him for ORA Stone an Rs'y the tab.s vhe-s as,ha-,
sAt o round table n ar the Office

him for Drs Stone an Risy; the tabs whore Hernia
James Quinn, sworn-SN Herbert get on his feo. "a
Ssosased 60 down the rooA asrbeft thsev chair
.i nm osceAsed hrew tray "stanz ofthas descti
Following him; Pat KsatiDg met ,hem. and tbsu con-
srcso scuis another ntleman o. me up and stru,
pistol and then he Lett the room hsara but one sho
n;eo; me parties were all in scus together when tn
Tie United States evidence was here concluded, Mr
pu bois, the Minister from the Netherlands who hid
been summoned, not being present
Col Mckay was sworn for tns defence was sitting In
tne recess OF the entrance of the hotel heard
crath Of chiaware, followed by falling OF something a.
OF chairs supposed at first it table upset heard
another crssh, him to 60 nso the Gung
ROOM ne walked the dining seven or mt
eet and saw siI or eight persons engaged In scule
s ns m .s% .rsssI
crossing the hall one of the servants seized chair and
struck str Ms Gardner knocking him down in the act Of
ms rising plate or ish flung at hi he dodged ths
blow and caught on his hand witness saw three men
%ne man. whom he did not al first recognize but
hello Herbert by the right arm, man In the
rear held him by the LETT arm while another Of the ser
vants struck Mr.. Herbert with chair and the ch air
breaking seized second chair H.rbsrs arms at this
ms ware pnioned witness seized chair to befend Her
esI vho was ssiSs beaten by three ths three
oooI b the time witness got within six pscss he heard
pistol hrsa; Herbert was fairly beaten down IN
un afer the pistol dnchsrged the assd retired
bcween the tables after The firing he got Herbert wsy
yered hm.eR @ MN MN !, 70 e d n when d..
n. deceased ho Of Herbert in front, e brother Of
suvant was strilDg Herbert With CHAIR was positive
thst The pistol re while the psrties wsye scuior
called Duriuger plsro.; Hersert had 10 otber psto
about Kim and Gardner he'd ncne nost positively on,y
one shot was fIed
Capt. Al j. Smith sworn-was at willards at the
TINA OF tho sfsy; heard crockery breaking and cav
confusion OF people, heard pistol whs bs got to
SONS some striking HIM the head witness thought
with plates witness went down and pe,amptoriIy de.
in he the with his hand to his breast Wit
ness PASSED COL Mckay, who was standing with ehsy
Hon. James Bishop sworn-was going into willard Is
at about II O'Clock, A. NJ, and hs passed the dining
room he heard rapping upon the table that induced
him to look In, and he Herbert seated at table
with two gentlemen; witLess passed to the office
to inquire for gentleman, and while there heard
and saw Hsrbsr. eDsssd with three or four
who were pressing upon him. and appeared to be beating
him witness hurried towards them and when half way
In heard the report Of PISTOL Herbert seemed ovrpow
cred by numbers and other rushirg to the
spot with uptsd chairs witness knew Of the par
scatter and Mr. Herbert staggered the room ap-
raIentiy much exhauated he head but pistol the
report OF the pistol heard while the melee going
on and while Mr. Herbert was being pressed down he
noticed blood Herbsrts cheek could not posi-
lively to the poaition of Mr. Herbert the precise
moment the pistol was fred his decided impression
that the cook could not bave separated Herbert Pat
KeaiDg prior t, the firing OF tho pistol.
Captain aneig sworn-Was standing in company with
General Persfer Smith, ut ihe Office OF the hotel the
time Of The afrsy went to the dining room and saw
crockey Ayng and several persons engaged in violent
struggle: the persons bent down that could
not fes distinctly who they he afterwards
'aned thAthe person beat down Mr. Herbert wit
ness raw Her bert pressed down In this woy at the time
ths pistol was fred.
Capt Dup. Mt sworn, and gave evidence conalma-
tory of the above.
The examination now having occupied from O'CLOCK
r IA. to haifpsst P. NJ adjourned until this af
ternoon, at half past P. NJ the prisoner being held
mean hils in the custody Of the United States MArs