The weekly Portage sentinel. [volume] (Ravenna, Ohio) 1854-1861, 1856-07-24
From the National Intelligsneer.
Trial OF Herbert.
TESTIMONY IN The CASE.

past 10, if any later, only little. Herbert
ordered boy to bring breakfast for both,
and then went into the reading room and
brought back two newspapers, one for each.
The boy, after 90 minutes delay, brought a
portion of the breakfast. and was ordered by
Herbert to fetch the rest. He went and re-
turned almost Immediately, reporting that
he could get no more. Herbert said "get
me some breakfast, you damned scoundrel." "
When the boy went away the deceased came
down the room. Deponent looked up at
him and saw Heating was angry at what
Herbert had said to the boy. Herbert said
to Heating "go and get me some breakfast" +"
Heating replied, in an insolent manner, 81
shan't do it, you have one servant waiting
on you, and that's enough" Herbert then
said, ego and get US some breakfast, or go
away from here, you damned scoundrel. -
Heating made some reply, inaudible to de-
ponent. Herbert got up from his chair and
advanced towards Heating; as Herbert was
getting up, Heating walked around another
table on which were two plates, one of chi.
ma and the other of silver. Heating took
these, one in each hand. Herbert was about
re.seating himself when Heating said to him,
"you damned son Of b-h." Herbert
then elevated himself, and deponent rose
likewise. Deponent is unable to say which
threw first, Herbert or Heating, but the for
mer threw a chair and the latter plate
Heating then came round the table and
clenched Herbert. By this time deponent
saw numerous walters coming down the
room, and general fight ensued. In the
course Of it Patrick Heating had hold OF
Herbert. Only one pistol was fired. The
pistol is deponent's. When Herbert first
walked from his chair towards Heating, de-
ponent saw pistol in Herbert's hand; it
was not cooked, und Herbert looked to de-
ponent as if he was going to strike Heating
with it. Herbert then returned the pistol to
his pocket, and went towards his seat
Then Heating called him slammed son Of
a b-h." This WAS before any chairs or
plates were thrown. After Keating said
this Herbert rose and elevated his chair as
before stated.
Mr. ARNOLD HARRIS testified substantial
ly as Mr.. Raynold's had done.
Col, A. SMITH deposed that after Heating
was shot four or five of the servants were
still breaking plates over Herbert's head
Deponent heard the report of the pistol be-
fore entering the room, and all the while it
took him to 60 up to them near the pantry
door and order them to desist they continued
to make icks on iIerbert's head This was
between 10 and III o'clock. Hud an en-
engagement at the Indion Office at | | o'clock.
Capt. CURRY did not think the time that
Herbert crossed the street to get his break,
fast could have been more than % minutes
past TO-
ARCHIBALD QuAETRILL saw the latter
part Of the affray. Corroborated most oil
what Messrs. Harris and Reynolds said
Saw u person, he takes to be Herbert, extri-
cate himself from the crowd in which the
shot had been fred Got Immediately out
of the room, for he thought some shots might
pass down his way. The clerk of the house
here came and shut the door to keep all out,
saw Herbert pass the reading room door with
his nose skinned and bleeding. and somebo.
dy hand him something, could not to tell
what.
Hon. JAMES BISHOP, Representative in
Congress from New Jersey, was called to
the stand. Was at Wilards' on the morn
ing OF the affray. Hearing a noise as of the
breaking Of crockery and rustling of chairs,
thought it was fracas of some kind. On
entering the dining room beheld general
melee at about the middle of the ROOM
The parties were rapidly changing positions
and moved toward door on the left. Saw
Mr.. Herbert among them; had seen him
little before seated at table in the same room
with one or two gentlemen. When he saw
Herbert in the melee he was in bent posi-
tion and three persons were on him, press
ing him down. At this moment q pistol ex-
ploded. Herbert got away from the crowd
holding the pistol in his hand. Thinks had
Herbert held Heating by the clothes, as de-
clared by Enbright, De Venois, and others,
he should certainly have seen it. Depo-
rents object was to separate the combatants.
Herbert could not have been let up from the
melee before the pistol was dlscharged.--
Heard no encouraging cry from any party
whatever. Saw man with white cap near
the parties Had this man interposed to sepa-
rate the parties he must have seen him do
so. Saw a gentleman (Mr. Gardiner) en-
gaged with a waiter on the east side of the
round table. Saw a stout man in white
dress, answering to the French cook,) but
does not think he was one Of the three on
Herbert. Deponent heard but single pis-
tol shot. The three men on Herbert were
striking down on him with their fists. Saw
a man. after the shot, stagger back and say,
',Tm shot" Saw Herbert retire with pis-
tol in his hand. which he then put in his
pocket.
Mr.. JNo. w. RAYNoLDs examined.-Al
about ii o'clock on the 6th of May was pass
ing the dining room at Wlllard's when he
heard noise like the crash Of crockery;