The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1856-07-13

not hit him; thinks il plate and not silver saiver
found the saver bent next day. but did Il thrown
by any during the Fray the only persons witness
Keatngs Pat Keatng had his left arm around Herberts
neck and his right hand upon the pistol there
one knocked down in the ROOM Herbert had hold
OF deceased With his left hand. and with bis
right hand raised the pistol and shot the de-
ceased; witness did not take any part Ia the ray
Of them sqneaing outside the dining room; witness had
not been at Wizards than three weeks at the time
Of the ARRAY; Rordan had been in the house only few
days. deceased did not throw the plate until Herbert
threw the chair he had the plate raised in his hand after
Herbert struck him with his hst and made two motions
az II to throw u, but hesitated
Frederic Warren sworn-Resides In Boston; was pre-
sent At WIZARDS at the time Of the ARRAY was passing
engaged IN some Kind Of trouble Heber had oSsr
raised, and the waiter had plate raised the waiter
passed behind the round tables followed by Herbert Big
walters with chairs in their hands, witness did not go
into the hall saw some gentleman with his back to the
third table, thinks Herbert at the second table, did
not see the pistol fred heard the report his attention
was taken up by the ARRAY and he could not say other
gentlemen We in the room; thinks persons were
standing with him at the doors witness Herbert
side and the waiter the other the waiter
treated the towards tho round tables Herbert
followed as Herbert started the waiter ram did
not see Herbert strike blows there considerable
noise OF knocking around furniture.
The District Attorney stated here that the witness just
examined Mr. Warren) was United States officer AT
Boston, and that he DESTROYS returning
possible BY consent OF the counsel tor Defence he
permitted to withdraw.
J. 4. Devenos swornIs the French cook at Wizards
the rule there is not 10 give breakfast after eleven O'Clock
without an order from the Office the day Of the ARRAY
witness told the servant who for the breakfast for
Mr. Herbert TO go to The Office for order; witness went
TO bis private room To get his own breakfast; heard
noise Of breaking of plates and glasses but took no
note OF IT, as plates and glasses always being broken
then heard the defamation Of pistol and went to the
dining room; saw Mr.. Herbert run after Thomas and
Patrick; witness caught Patrick and said " Save your
sei pistol in the hand Of Mr. Herbert then be-
cause Of napkin or handkerchief held by Herbert; wit
ness pushed Pat away to him, and at the time
saw Herbert seize Thomas by tho coat and raise the
pistol to his breast then two three seconds and
then fire. Thomas put his bands his breast and went
up the room and when he took his hands away the blood
gIsbed out in stream Herbert then put his pistol up
and went out; witness followed out in the street to
where he went; wne was asked what was the matter
and he said man had been shot in cold blood had
his cap and apron when be went in the street.
The witness on cross examination was asked to give
ssave yourscfn He replied saue rou.; saw no chairs
raised heard the breaking OF plates and glass uut did
not go INTO the dining room until he heard the defamation
OF pistol.
Charles. Quinn swords waiter at Wizards; as he
entered the dining room the morning of the aay, he
Herbert seated the table; Herbert told him TO
bring him breakfast id quick heard the noise of
chair; saw Herbert strike deceased he struck him In
the face with his fist, in which he had something like
napkin. deceased made to the sdeboard picked up
something's witness went out Of the side door, and when
ne came back deceased was shot.
Jerry Riordan sworn-On the 9Th OF May, Herbert and
another gentleman into breakfast Herbert told wit
ness TO get HIM some breakfast witness got part or IT.
Herbert told him to be of quick and get him some more
witness asked Herberts name and went to get order
from the Office hearing Of crockery breaking, he
ran back and ne entered the dining room, he heard
the first shot 60 or Pat Kcatng and Herbert were tangled
in scufie; Herbert grabbed Tom Keating by the coat
and shot him. Heating died In two three minutes after
he was shot, saw Deveno come up and separate the
ties witness had been ct Wizards about month; the
parties all jostlng at the time the FIRST shot went off,
James Quinn sworn-Was present at the ARRAY 1t was
his duty on that morning 10 clean the glass for dinner
heard nose looked around and Herbert his feet
and deceased running from him. deceased seized
thing plate tray; HI rbert seized chair and threw
at H atng Heating threw whatever he had In his hand
deceased then up the where witness stood
Pat kcatt In from behind and grabbed smoothing
and threw towards NJ. Herbert both Herbert and Pat
were on run, approaching each other; they met and
clinched and ost d; deceased and raised
chair over Hcrbcrts head, but did not strike him for
and raised chair Tom keatings head Tom turned
round to defend himself from behind witness hoard the
report OF pistol between Pat keang and Mr.. Herbert
and thought time for him to kave, there NIGH
be revovers about he went out he met Dcvenos the
French cook, coming in saw nobody fall went up stairs
and looked out OF the window saw them carry deceased
out IN the yard.
Thomas Broduck,s sworp.--was In a room next tn,
dining room; heard noise in the dining ROOM went IL
and saw Herbert strike deceased with chair and then
with his pistol on the head went out and when be
in the deceased shot.
pared by Mr. Henry A. Willard Of the dining ROOM witt
the distance OF doors and tables accurately marked
Mr.. Willard sworn-Saw nothing Of the ARRAY; deceased
had been with him month six weeks ut the time Of
ibe aaray deceased had been employed by him at times
before.
Mr. Percy Walker here moved the Court to call upon
the District Attorney to bring all the witnesses OF the
transaction before the jury witnesses for the United
states quoting various English cases in support Of his
motion.
The District Attorney opposed the motion, and the
Court overruied the moon though concedng that there
The Court at O'Clock with the that
the prosecution would be closed at early hour this
morning.
Inadvertently Dr. Thomas Miller was named yesterday
as witness for the defence.
THIRD Day
To-day The interest the trial continues undated a.
change in the temperature Is agreeaby felt the court
Iooni
The prisoner brough. in shortly aner 10 AN
The District Attorney announced that the testimony for
the United States was completed.
Some delay occasioned by the witnesses Tor dc.
fence not being in attendance Mr. Bradley stated that
they had not anticipated beng called soon supposng
that other witnesses were TO be examined tor the prose
cution.
Hon. James Bishop sworn for dcfcnco-was a, vii.
ards at the time Of the ARRAY entered the dining
the fact OF bea ing the OF crockery and the
rustng chairs, sounding like fracas when no
I'd the room there seemed TO be general scule about
The middle OF the room, the end OF the long
'able recognized Mr. Herbert by the formation
q his head and bis hair; had previously secn Mr.
Herbert seated Of the table on his way 10 the office
n the room were several pcrsons cannot state
the exact number; did not recognize Mr.. Herbert pos
lively until be saw HIM bent down. with several perr ons
pressing upon him. heard pistol discharged he
last, ming toward, the parties his impression that the
ApfiOl report was Nhfc ne was IN fnts Dent poston
heard other shot, the shot the parties
ana Herbert came out pistol In hand, apparently much
exhausted his impression i that there separation
q the crowd before the shot, heard encouraging
from servants or others; saw some looking like
zook the parties thinks he should have seen the
cook G he had separated the parties.
Gross examined-fhe ARRAY had commenced when
witness entered the The witness illustrated upon
VI. Bradley the position Of Mr.. Herbert when pressed
down) His impression that three persons
gagged uron Mr. Herbert and had the advantage Of him
was general melee, and he could not say certainly
that they all engaged with Hcrbcrt does
any of the walters does not know Gardiner smoke
q the pistol but did not the pistol until Herbert
emerged from the sculIe; deceased stagger back
tesrd him say, II am shot after Herbert fred he
walked out OF the crowd with the pistol In his hand aud
anerwards put u IN his pocket; was not boarder a,
Wizards.
John N. Rey nolds sworn-was At Wizards on the day
u the siray was passing the dining door about
IL O'Clock heard noise like the cash OF crcckery
turned around anc entered; two or three persons
cnthed nearly opposite the third round table did not
know any Of the parties sbut discovered that the
fight between n bparder md he tho tvrn