The Placer herald., 1856-06-21

by servant that he could not have a meal
without an order from the Office for it. Mr.
Herbert ordered several of the servants who
spoke to him on the subject, to retire, calling
them harsh names.
The deceased made reply, when Mr. Her
bert struck him with his fist, or napkin. The
deceased then picked up plate or tray, ma
king movements as if to throw it, when MIR.
Herbert threw chair at him, the latter
returning the assault with a plate. During
the melee, Patrick, brother of the deceased,
entered, having heard of the proceedings,
Mr. Herbert seized him, and the two brothers,
closed with him. Chairs and crockery were
broken in the contest.
Col. Mckay testified that he saw, when he
went into the dining room, six or seveu per-
sons in scuff1t and thought it was general
fight among the stewards of the hotel, but
shortly beheld one of the servants knock down
Mr.. Gardiner with a chair, and saw three
other servants striking Mr. Herbert, holding
him by the wrists. Witness seized hold of
chair to defend Mr.. Herbert, who was sink
ing under the weight of the men, and Mr.
Gardiner at the same time was beating them
promiscuouslv. After Mr.. Herbert fired the
pistol, two other servants rushed forward and
clinched with him.
Mr.. Smith went to the assistance of Mr. Her
ert,with a cane, saying, "lf you don't release
him, I'll kill YOU"
The pistol used by Mr.. Herbert was sin
gle barreled one
Captain J. Smith confirmed Colonel Nc
kay's statement, saying the crowd of servants
had Mr. Herbert in their power, striking him
on the head with plates, trays, DC.
Mr. Bishop member of Congress, was posi-
tive that the pistol was discharged while the
struggle was going on. Three or four per
sons were holding down Mr.. Herbert, and
he appeared much exhausted.
Captain Blanding corroborated the fact
that several of the servants were pressing
down the man, whom he afterwards ascer-
tanned to be NJ. Herbert, previous to and at
the time of firing.
Capt. Dupont's testimony was comfrma-
ry Of the above.
An application having been made for Mr..
Herbert's discharge on a writ of hobeas cor
pus, Judge Crawford decided on the 10Th
May, that Mr.. Herbert should enter into re-
cognizance, in the sum of s {, 900, as security
for his appearance at the June term of the
Criminal Court, to answer to the charge OF
manslaughter, for the killing Of 1hos. Heating
Jos. II. Berritt and JAS. Owner were accept
ed as bondsmen and the prisoner released.
1t is rumored that the Hon. Reverdy John
son has been secured as counsel by the
friends of I. Heating, who was killed in
Washington by Mr.. Herbert.
New YORK May l4th
Padre Will, the Nicarag 2 Minister, present
ed his credentials at the State Department
and recognised.
The recognition of Padre Will by the Prcs-
dent, as Minister, has given an impetus to the
Nicaragua fever. The South is alive in con-
sequence OF it.
The steamship Daniel Webster, which will
probably sail on the 22d May from New Or
leans, will have plenty Of recruits.
The steam trigate Susquehanna sailed on
Thursday from PhiladeIp phia for San Juan del
Nortc. Capt Sands commands. and carries
out important dispatches to Mr.. Wheeler, our
Ministerial Granada.
In the course Of a fortnight, there will be
in the harbcr San Juan the steamers Susque-
hanna, Fulton and Merrmac, and the frigate
Potomac.
The sloop of-war ST. Marys, now at Pana-
ma, will remain there as long as herpresence
is deemed necessary for our interests in that
quarter.
WAsHINcToN, May 8.
Lord Clarendon's answer was received yes
terday 1t is dated A pril 30th and was sent
to Mr. Dallas and by him communicated to
our Government. 1t occupies fifty pages OF
diplomatic paper Its tone is more generally
conclatory and guarded than former Dispatch
es. After reviewing the whole case, he dis
credits our testimony against the Minister and
Consuls, and prefers accepting the statement
of their own officials. On this ground, with
other new points suggested, he declines com
plying with the request fthe American Gov
ernment.
The Foreign Legations have determined
not to recognize Padre Will socially or Off
cialy.
Senor Marcoletta now asserts his claim to
the British Mission from Nicaragua, on the
faith of former condition from the deposed
Government, and it is believed that he will
be recognized.
WAsHNGToN, May 10.
1t is understood in dip plomatic circles that
Mr.. Orampton will leave the country imme-
diately after receiving his passport, and carry
the Secretary and other members Of his Le-
cation with him, not included in our dismis-
Report of Treasurer of Placer Coun