New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1856-05-12

be, ,yhe, he ehct he Put h,s ha'd 10 nfs orehs'
U.,bc,t cot the pistol from Pats grasp and turned
III boi ,bona. in the breast; nobody but the fur
Zen epgoced in thc stiugcle; two shots were fired
wa. positive OF tbis deceased walked about two yirls
,,d fell. when the first shot fired witness was
LANDING lust indie the dining room DOOR saw the
an oke az both shots.
Michael Dougi erty, sworn--Was in the pantry:
boy toldLim there was murder inside, rau in aud 81
the two Keatnss, Herbert and his friend all cinch d
togotbe: Herbes friend struck Pat with chair. and
then ~it,ess heard pistol hred; Herbert had hold Of
Ttomes Kteirg by the collar when be fired; the three
were cnched together.
J. D,yepois ssorn-ls the French cook at Wlard's;
while eating his breakfast be heard noise; on enter
ING the dinng-roou Herbert after Pat and bis
brother; Herbert struck Pat the head with pistol;
witness caught Pat TO save him. and at the same time
Herbert placed his pisto tC the breast Of the deceased
and fired; the blood gusbed out like sprlng; only
three were engaged in the scrtie; Patrick had not
hold Of Herbert at the time Herbert shot Thomas Neat
rg; TbOmAs had bis hands thrown up IN the ALTITUDE OF
shielding himself when the shot fred witness had
got Patrick Keatlng out OF the way to save him. only
orc thot was fired. The witness here drew diagram
u the dinDgroom 10 show the position OF the tables
and Of the parties engaged il the aray. The break
fest hours NJ Will-ids were from O'clock to 10 or
IL at the latest and after that an order from the
Office requisite.
Michael Carroll, swors-Is a waiter at WIZARDS;
was 10 u room next the dnny groom; heard the report
Of a pistol; went in ard Herbert strike Pat
Heating with chair; saw Thomas Heating lol4ing
his bsI ds 10 his breast and blood lowing from it.
Henry Willard, sworn-ls one of the pr0pretOrs OF
Willard hotel; saw nothing Of the ARRAY.
Charles Quinn recalled by request Of Mr.. Brad
ley who questioned him IN ard 10 red mark upon
ls foi ehcsd and how ho by 1t: witness answered
that II had always been thcie.
John Riley, swOrn-Was standing at the entrance to
the diDiDg-room heard noise, and saw the Two
KeaiiDgs and Herbert in kidd Of cl'nch 'oSetheri
another gentleman, friend Of Herbert's, came IN,
and struck Patrick Heating nine or zen tunes win
large stick Herbert had chair striking Heating;
Herbert fred one shot at Fat heotng, AMI missed
4 fha Erare ~
TO separate them; Herbert held the pistol to Thomas
Keatngs breast and fed heard two shoiS fired, and
saw them fred by Herbert.
Francis MsynaTd, sworD-Was in the diCing-room
before the shooting b, ard Herbert call Rordau "soa
OF b" Ri"rdaD went after the breakfast, out
could not get it without an order; Thomas heatog,
the deceased had nothing to do with tue breakfast IL
not being his watch, but came up the room engaged
about hs work. preparng for dinner; Herbert sara 10
the deceased, " Clear out G. d-n you; don't want
"any son Of b around me- heamg made no re-
ply; Herbert with pistol in his lett hand aud
chair in bis right hand. and struck Heating with a
chair; witness TO inform Nr. Willard OF the AFFAIR,
and met him the stains, bat when ne returned 1t
was all over; Mr. Willard then sent him for DIS Stone
and Riley; the table where Herbert sat was round
table, near the Office. ,
James Quinn sworn--Saw Herbert get on his feet;
raw deceased 20 down the ROOM Herbert threw
chair at him; deceased threw tray, or something of
that description back at Herbert deceased rau up
The room, Herbert following HIM Pat Heating met
them ard then commenced a scutie; another gentle
ness heard tho report of pistol and then be LEFT the
room; heard bt shot fred the parties we're all in
a scufile together when the pistol was fired
The Uriied States evidence was here cOacluded;
Mr. Du Bos the Minister from the Netherlands, who
had been summoned, not being present.
Col, Mckay was sworn for the defense-Was sitting
IN the recess of the of the hotels heard
crash 81 cbnawafe, followed by falling OF some
thing as of chairs supposed at first it table up
set heard another crash, which induced him 10 go into
the DIM, groom; he walked up the dinog'room some
--t-l nrhf
saeed in scuffe; supposed at first IL was general
fight among the hotel servants, aud was about retirng
be saw Mr. Gardiner crossing the hail. of the serv-
ants seized chair and struck Alr Gardner, knocking
him down; in the act of hi rising plate or dish was
huug at him; be lodged the blow, and caught 1t on
his hand; witness saw three men striking one man,
whom he did not at first recognize, but aiterward as
cerained was Mr. Herbert; The deceased held Herbert
by the night arm, man In the rear held him by the left
arm while another Of the servants struck Mr. Herbert
with chair, and the chair breaking, seized second
chair: HIberts arms at this time were plnloned Wit
n, - sezec chair TO defend Herbert, who was being
beaten by three mem the three were evideuiy endeav-
orue to hustle Herbert out of side door; by tue time
Nitn, - got within xix PAGES he heard piston nreu
Herbert was fairly beaten down In crouchng post
ton witness did not recognize Herbert until after the
pistol was discharged; the deceased retired between
the tables after the firing ne got Herbert away ana
went with him TO magistrate, when Herbert deEv'
cred himself up at the time of the shot Herbert was IN
crouching position, and must have fred upwards tbs
deceased had hold Of Herbert i'll 'front.' the brother
tho dc ceased had hold of him from behind and anothe'
servant WAS striking Herbert with chair; was posi-
five that the pistol vas fred while the parties were
ecuflnc; witness saw the psto II was aslnge-oarTei,
vbat is called Duringer pistol; Herbert had no other
pistol about him, ard Gardner had none nios' posi-
lively only one shot was hIed ,,,,, -
Cant A. j. Smith swOTn--Was at Wizards at the
time of the ARRAY; heard crockery breaking ana saw
a confusion of people; heard pistol; when he GOT 10
the door saw Mr.. Herbert in conflict with four or hve
persons some striking him on the heal, as witness
thought with plates; witness went down and peremp'
toriv demanded that they should LET him alone; as he
was Going in no saw the deceased with his hand to his
breast; witness passed Col Mckay, who was standing
with a chair in his hand. ,,, q,
Hon. James bishop sworn-Was goin: into Willard's
ut about IL o'clock M, and rs he passed the on'ng
room he heard rspping upon the taoe tnat houceu
him TO lock in, aud be saw Herbert seated at taole
with two gentlemen; witness passed 10 the once u
;nonire for geneman aud while there heard fraca;
in ~, dining room; witness entered the room and saw
Herbert engaged with three four persons, who were
pr.fsirp upon him. and appeared TO be beating ham;
wiltss hurried toward them. and when halt way II
heard the report of pstol Herbert seemed overPow
cred by numbers and other servants were rushing
the spot with upted chars; witness knew none OF the
parties except Herbert; after the shot the parties
seemed to scatter, aud Mr. Herbert staggered out
the ROOM apparently much exhausted; he heard ou
one pistol the report OF The pistol was heatu w,o !n'
pressed down; he noticed blood on herberts cheek
could not swear positively as to the position OF Mr.
Herbert at the precise moment the pistol was fred bis
decided impression was that the COOK could not have
separated Herbert and Pat Heating prior to the hring
Of the pistol.
Capt Blandig, sworn-Was standing in company
with Gen. Perscr Smith. at the Office of the hotel, al
the time Of the ARRAY; went to the dining roon and
saw crocksry flying, and several persons engaged in
violent struggle; the persons were bent down thai
we could not see distinctly who they were; he aiter
wards accttained that the person bent down was MIR
Herbert; witness saw Herbert pressed down in thu
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