Evening star. [volume] (Washington, D.C.) 1854-1972, 1856-07-18
EVENING STAR.


Tuv SECOND TRIAL OF HERBERr.-When
-.concIuded our report yesterday, at the time
rs soing to press, Patrick Heating was on the
Ind and the counsel for prosecution and de-
s.nce were in the midst of a warm contest,
r.issd BY the attempt Of the defence to draw
I'm the witness whether other witnesses for
The prosecution had joined with him to raise
fund 10 fee counsel.
The Court decided that with reference to
.b,, contributions had been made for q re-
tanning fund each witness must be examined
,eparately as he came up.
The witness in answer to a question of Mr..
BRADLEY said be had not made an engagement
with any persons to go out and solicit subscrip-
tiOns.
Captatn Bfanding, a witness for defence.
rss here, by consent of the prosecution, per.
mitted to testify, as it was necessary for him
70 leave the city Witness was at Willsrds'
on the morning Of the ARRAY; was standing in
front of the office about eleven o'clock in con-
yersatiOn with gentleman; heard a noise in
the dining room, which he first thought was
the breaking Of crockery, but the noise in
cressipg, it occurred to him that fight was
going on among the walters; walked leisurely
10 the door of the dining room, and, while
standing at the door, saw several persons en-
gagged in a conflict near the pantry door; here
the table; it was a violent struggle of men all
in a cluster; he was convinced it was some
fracas Of walters, and turned to 90 back lust
az he turned, he heard the report of a pistol;
this drew his attention TO the scene; saw Mr..
Herbert emerge, as it were, from this mass of
men. and then for the first time, recognized
Mr.. Herbert as being in the fray; could not
cay If there were more than three or four per-
sons in the ARRAY; thinks if there were not
81 L.
rot recognize any person in the group; did not
see any person in a white hat and apron: can
not say whether the cook was there or not
Cross examined.-Did not see Col Mckay
in the dining room; did not see Arnold Harris
Gardiner, or Bishop; at the commencement of
the frscas he was standing in company with
Col Mckay and Gen Persifer F Smith in
front of the office; when the pistol was fred
there was considerable moving backwards of
those standing in the passage as if they feared
another shot might be fired.
John Enbright examined for prosecution -
He testified to being present at the time Her.
bert called for his breakfast on the morning
OF the sffrsy; RiOrdan brought a portion of it
and went for more; he came back and went
to second head-waiter to inquire Herbert
name, to go the Office and get an order for the
breakfast; Herbert told Riordan to clear out,
and called him a id Irish son of a bitch.
and then turned to deceased and said the same
words to him; witness was standing by the
pantry door at the time; Herbert got mn and
went towards Tom Keatin and struck him
with his fist on the back of the neck; Tom
Heating caught hold of plate, and Herbert
picked up a chair and threw it; Tom Heating
threw the plate; they both jostled together;
Gardiner came in and threw a chair at Tom
Heating; Herbert, Tom Heating, and Gardi-
ner jOstled together some time; Pat Heating
ma IN Arb ~ lafs I'D, 4 IT
ing, and passed witness towards Pat Heating:
Herbert met Pat Heating near the pantry door;
Herbert pulled out his pistol, Pat Heating got
hold OF the muZzle, and Herbert had hold of the
stock; Tom Heating came around the tables
towards them; Gardiner came ND and struck
Pat Heating with a chair; Tom Heating came
up and struck Pat Heating, by mistake, with a
chair; the French cook came in and rushed in
between them; Gardiner struck Pat Heating
with chair; the cook jostled Pat Heating
away; witness was standing not more than two
feet from the PARTIES at the time of the shot;
when Pat Heating lost his hold Of the pistol
Herbert caught Tom Heating by his coat, shirt
and vest, and, putting his pistol to the breast
Of Tom Heating, fred; the cook stood there
until Herbert left the room, and then followed
him out, step by step; after the shot was fred,
Tom heating cried out that he was shot, put
his hands to his breast, and went over to the
cdcl sluc VI the IODu, dltcT Qt lOOR GOWN MS
hands the blood came out in a thick stream;
the Netherlands Minister came up to him and
asked if the man was dead. The defence
here objected TO witness repeating what the
Minister had said. There was no gentleman
near Herbert at the time he fired; deceased
and Herbert both stood upright; deceased was
stouter man than witness, but was clumsy;
Tom Heating had nothing in his hand at the
time the shot was fred, unless be had hold of
Herbert's coat.
Cross examined AS Herbert passed wit
ness on his way towards Pat Heating, witness
fell back to allow him TO pass; witness followed
taem until they came up to the pantry door,
The witness was subjected TO a very search
ing cross examination by Mr. Walker in re-.
gard to the position he occupied in the room
Witness saw pitcher raised in Pat Heating 3
hand, but could not say how it was broken;
Herbert drew the pistol at the time they met:
did not see any chair in Herbert's hand; Pat
heating had Us arm around Herbert's neck
witness thought sOf interfering to separate
the Parties just as the pistol was fred does
not think ne testified at the Jail that he did
Not change his position during the affray.
he witness here Illustrated upon Mr. Brad.
ley the manner Of the shooting I Witness was
near enough to have knocked the pistol I'D if
lie had chosen. The witness here appeared to
De considerably exhausted by the trying ex-
W WHICH uo was suDlected, and
asked for glass Of water. Witness had not
agreed to pay any money for feeling counsel in
this case; Herbert was not in bent posture
al The time Of the shooting; what Herbert got
would not have hurt child four years old
-, Mr.. Bradley here objected to question by
tne prosecution as to the rule of the house in
regard to the breakfast hour as irrelevant.
hr. Preston contended that it was the res
gsSta, the origin Of the transaction.
The point was argued with great power and
legal acumen ty counsel on both sides, at tn
ehd Of which the court decided that at proper
stage this evidence might be introduced.
At halfpast in the afternoon, the court
adjourned until to-day.
THIRD DAY.
p, Another sweltering day in the cour. room.
ahe prisoner was brought in at twenty min
utes past ten N.
Henry Il. Willard cslled.-Is one Of the
Propretors Of Wizards Hotel. INr. W. ex-
aloted diagram Of the dining room, pre-
P1fei BY an architect, On which the point at
Hhlel the dificultY commanced Was ranre-