New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1856-05-09

had drawn a revolver and GbOt Oue OF the servants
dead and wounded two others. In company with
two OF three fricnds be Iumediacly left the rom
which by this time was in great confusion. Ssver,
Members OF Congress we're ia the dning hall, one
or two reporters, beside o'her grntsmeu. all At
reakfast 1t is reported by tue friends Of Herbert
tLot be set upon by the servaots aud ony acted
in sef-deense. The statement Of the servants
qualities this assertion mater ally.
T. Ia z,.oesated rrs..
WAsHIsGros, Thursday, May g. 1856.
Mr.. Herbert, Member OF the House Of Rcpressn-
tatves from California, shot the head waiter at Will
lands Hotel, this morning. killing him instantly.
SECOND DISPATCH.
ir Herbert has been arrested and the matter is now
undergoing investigation. The circumstances, a.
nearly ct present can be ascertained that while
Mr. Herbert taking late breakfast at the public
table of the hotel awater gave him some insolence
when Mr.. II. called for another waiter, came aad
also treated him insolently.
Two or three other waters then came Up and CON-
monced az assault Oh Mr. Herbert, with chairs, plates,
dsbes, &c. They then grappled him, when several
gentlemen standing by nterered but retreated on be-
pg turned upon by the waters.
Dir. Herbert fred only when it became evident that
it wac the design of the waters to Kill him After one
was killed two others continued assauting him till he
was rescued by his friends.
Mr. Herbert is aided by eminent counsel. Gen.
Lane and Mr. Mckay of California witnessed the
whole affair.
THE LATEST.
WASHISGToS Thursday, y. IN
The examination into the affair Of the fatal shooting
OF Thomas Heating, waiter at Wizards Hotel, By
Mr.. Herbert, Member Of Congress from California,
took place at the Jail this evening" before Justices
Smith and Birch. Senator Weller OF California, Mr.
Phillips Of Alabama and Messrs Bradley and Ratc-,
appeared for the prisoner, and District Attorney Key
for the United States. There an immense crowd
both in and outside Of the jail The excitement 1a'
very great. Many Members OF Congress present
number Of servants belonging to the hotel were
examined. Their evidence was somewhat contradict
ory but to the effect that Mr.. Herbert came into
the dnineroom at III o'clock, accompanied by
friend and called for breakfast, but being past the
usual hour, he was informed by servant he could
net have meal without order from the Office for it.
Mr.. Herbert directed several of the servants who
spoke to him the subject, to retire, calling them
harsh Names
The deceased r1ade reply when Mr.. Herbert
struck hun with bis fist, or with napkin The de-
ceased then picked up plate or tray, making move
ments as If TO throw il, when Mr.. Herbert throw a
chair at him, the latter returning the assault with
plate. During the melee, Patrick, brother Of the
deceased entered having heard OF the proceedings.
MIR. Herbert seized him, and the two brothers closed
with him. The proceedings now became intensely
exciting, and chairs ard crockery were broken pro.
fusely by the parties in the contest. The Austrian
Minister quietly bebeld what was occurring but did
not move until he went to the man whom Mr.. Herbert
had fired at, to ascertain whether he was dead or
living.
Col. Mckay testified that he saw, when he went
into the din ing room, persons in scufie,
and thought it general fyht among the stewards
of the hotel but shortly behed one Of the servants
knock down M Gardner with chair, and saw three
other servants striking Mr. Herbert, holding him by
the wrists. Witness seized hold Of a chair TO dciond
Ar Herbert who sinking under the weight of the
men, ard Mr.. Gardner at the same time was beating
them prOniscuousy. After Mr.. Herbert fired the
pisto two other servants rushed forward and cnched
with him.
Dir Smith went to the assistance Of Mr.. Herbert
with cane, saying, If you don't release him III Kill
you" MIR. Herbert wa considerably injured. Wit
ness had placed the black patch his nose the pis-
to used by Mr.. Herbert was single harreed one.
Capt. j. Smith confirmed Col. Mckay statement,
saving the crowd Of servants had Mr.. Herbert in Their
power etrking him on the head with plates trays, &C.
Mr.. Bishop, Member of Congress, was positive that
the pistol was discharged while the struggle was going
on Three or four persons were holding down Mr.
Herbert and N appeared much exhausted.
Capt. Blsndrg corroborated the fact that several OF
the servants were pressing down the man, whom he
aerward nscertained 10 be Mr.. Herbert, previous TO
and at the time Of the firing.
Capt. DepOnte's testimony was conhrmstoy OF the
above.
The examination occupied Eve hours, and will be
resumed tomorrow.
The prisoner was renlarded 10 the custody OF the
United States Marshal.