The daily union. [volume] (Washington [D.C.]) 1845-1857, 1856-07-24
LOCAL NEWS.


FATAL ArsRAr--on Tuesday evening last difficulty
occurred between James Semmes and Bernard Magee which
resulted in the death Of the former The jury
rendered verdict that Semmes came his death by
shots fired from gun guns in hands Of Bernard
Aages" Magee has given himself up the proper author
tiles.
THE HERBERT cAsR--The trial Of Hon p T. Herbert is
st progressing The district attorney, Mi. Key yester-
day submitted TO the court the following propositions
First Il from the evidence the jury believe that the
day mentioned in the indictment Philemon Herbert the
accused armed with pistol pistols entered the break
last room OF Wlards Hotel and then and there without
proyoealon, made Of language, and acted in
ordinarily indicative of wicked depraved and malignant
spirit and within said room, shortly after the Of
said language and the doing OF said acts by Of the
pistol or pistols aforesaid shot TO death Thomas Keatng
who was then and there unarmed and in the lawful dis
charge Of bis duty such shooting and killing is in udg
ment of law murder.
Second IL from The evidence the jury believe that on the
day mentioned in The indictment Philemon T. Herbert the
accused being guest boarder Wizards Hotel entered
the breakfast Of said hotel for the purpose obtaining
his breakfast And that having in lawful aud proper
ner ordered said breakfast the servant 10 whom he gave
said order declined comply herewith unnecessarily de-
ayed the execution thereof by insoence OF manner
words gestures nsulted provoked said Herbert and
that upon such insult provocaton suddenly in heat OF
blood and under the influence OF passion
pistol or pistols which he casually had about his person.
said Herbert shot TO death certain Thomas Heating, who
the insult and provocaton aforesaid and by words and
actions manifested disposition to commit an assault and
battery on said Herbert such shooting and killing is in
the Judgment OF law, manslaughter.
Third If the jury believe from the evidence that the
at the bar made assault and battery upon
deceased and the brother OF deceased Patrick Heating,
nterfered to pacf the prisoner aud 10 protect the de-
ceased from said assault and that the prisoner then adj
vanced upon the said Patrick Kea ing with chair and
loaded pistol whereupon the said Patrick Heating seized
the said pistol and endeavored to wrench IL from the
grasp of the prisoner and that deceased then the
assistance of the said Patrick Heating and that the de-
ceased and Patrick Heating, and Gardiner friend Of
the prisoner, then became engaged in conflict aud
struggle and that the said parties thus engaged spa
rated BY Devenos and that the said Patrick Keat-
fed and that the prisoner then seized the deceased by
the collar OF his coat jacket and shot him with the said
pistol which caused bis DEATH them in the absence Of pre-
meditation and malice, the prisoner Is guilty of man
slaughter
Esuh If the jury believe from the evidence that the
prisoner first assaulted the deceased with deadly weapon
and the brother Of the deceased Patrick Heating inter
red 10 prote, the deceased and the prisoner then adj
vanced upon the said Patrick Heating with deadly wea.
pom whereupon the said Patrick Heating seized the dead
weapon and endeavored to wrench il from the grasp OF
the prisoner and that the deceased then the
sance of the said Patrick Keatng and thar the deceased
and Patrick Keating and Gardner and the prsoner,
then became aged in conflict and struggle and that
the prisoner then used the deadly weapon upon the person
of the deceased which took his life then in the absence
generalization and malice ii is manslaughier
ing the jury believe from evidence that the prison
er had reasonable grounds to appehend great bodily in
jury N
FIN If the jury believe, from the evidence that the
prisoner il he assaulted could have rctreaed
without endangering bis life without receiving great
bodily injury by doing and did retreat but pressed
the attack and tosk the life of the deceased then in
the absence Of premeditaton and malice he is guilty of
manslaughter. a.-.s.
Si1h IL from the evidence, the jury believe that the
day mentioned In the indictment Philemon Herbert the
accused being guest boarder at Wards Hotel in the
referred in the evidence in this cause made
saut upon Thomas Heating with loaded pistol and that
faf said naWra in bar,a t,a
said accused shot to death the said Thomas Keatng
that then the accused is not usable under the law in
making the plea of self-defence.
The Capitol grounds presented quite lively appearance
yesterday evening during the performance Of the Marine
Band. Among the gny promenaders noticed num-
Der Of strangers who appeared to be highly delighted with
everything around them.
dramatic entertainment win be given on Saturday
night at the National Theatre for the benefit Of the
employees when the drama Of William Tell will be pre-
scented in excellent style.