Evening star. [volume] (Washington, D.C.) 1854-1972, 1856-07-21
STAR.
LOCAL INTELLIGENCE.

SECOND TRIAL OF HERBERr-Fomrth Day.
rnou the re assembling Of the Court after its
rscess on Saturday, the District Attorney An
nounced that the United States rested the
case there.
Hon. James Bishop was called for the de-
fsnce-Was at Willards' on the 9Th of May;
entered the house by the Fourteenth street
door, and on passing the door Of the dining
Tosun saw Herbert seated at one of the dining
room tables; passed on to the Office, and while
s,audiDl there, heard q noise in the dining
room indicating fracas; hurried back to the
dining room and saw n number of persons en-
ragged in fray; witness was near the end
Of the long table when the pistol was fred;
is Of opinion that when the pistol was dis
charged, there were at least three persons be-
sides Dir. Herbert engaged in the struggle;
Herbert seemed to be pressed down BY at
least three persons who were pummelling him;
saw no cessation OF the struggle up to the
time Of the shot; has an indistinct recollec-
ton of seeing some person in a white dress
when the parties were scattering after the
shot; the crowd seemed to scatter instantly
sitter the pistol was fred; Herbert came out
with pistol in his hand; be did not put the
pistol in his pocket at once; he seemed much
eIhaused and with blood on his nose; thinks
, be should have seen if Herbert had fred de-
; liberately.
pulled; did not see the pistol at all until after
the shot; saw man stsgger back and ex-
claim that he was shot; will not say the cook
was not present previous to the shot; at the
time the smoke cleared off saw the cook pres.
ent or fatty sort Of person who might be the
cook; is certain three persons were pressing
upon Herbert; the cook was not one of the
persons hold Of Herbert; thinks he can testify
that at that time some one struck Herbert a
blow; is satisfied that one person was striking
Herbert; the blow was struck with the fist
saw the wounded man fall; did not 90 to hi.
assistance, because q young man connected
with the house ordered the room to be cleared;
witness turned first and walked down the room
with Mr.. Herbert to inquire about his disas-
ter; when he turned to 20 towards deceased
the room was ordered to be cleared.
Some complimentary allusion to the witness
by Mr.. Preston at this point afforded an op-
portunity for Mr.. w slker, with prompt legal
acuteness, to rise and thank Mr.. P. lin the
hearing of the jury for his compliment to the
reliability of their witness, DC, &c. The
quiet tact with which this was effected in
duced smile upon the part Of the audience,
and there was still further relaxa alton of the
facial muscles when MI. Preston promptly re-
spOnded that the compliment was paid to the
position of the witness, IN. c y which should
be one of intelligence, and he bad no doubt
was so, in this instance.
Similar episodes and keen professional en-
counters through the day, occurring between
the experienced legal fencers pitted against
each other, served to relieve the mOnotonous
course OF evidence worn somewhat threadbare
by repetition. While remembering the gravity
Of the occasion, and the decorum proper to il,
the audience, the counsel. and the Court itself
seemed to find a temporary relief from physi.
cal discomforts, and the strain upon the atten-
ton In these suddenly arising and sharply
contested conflicts. Questions, quietly put on
one side to witnesses, with the design Of elicit.
ing dangerous admissions, were promptly in
tercepted by the other, and the objection to
the question would be argued On either side
with consummate skill and readiness. Dis
tinctions the most delicate aad subtle were
sprung upon their opponents by either side,
and as promptly encountered; the Judge
meanwhile having the difficult task to execute
Of extricatiDg the facts Of the case from the
sOphistical entanglements, in which counsel
managed to involve them.
The cross-examination Of Mr.. Bishop being
resumed.-He thinks that at the time of the
firing Of the pistol Devenois was within three
or four yards of the party, and seemed to be
approaching the parties, who were separating;
saw a tall gentleman strike a waiter with q
chair; could not identify the waiter struck.
ArnCid Harris called Was at Willards'
on the morning Of the affray; was sitting on
u sOld lHc FccIlOQic CODVelclUR Win u lrl6n0
Mr.. Duponte;) heard a noise as Of the break.
ing Of crockery; on entering the dining-room
saw several persons collected near the end OF
the long table; advanced half the way down
and halted; heard the report Of pistol; did
not see any other parties engaged in fray al
the time; saw in the hands Of one person wha,
witness thought was knife; Gardiner struck
this person with chair; cannot swear posi-
lively that it was a weapon this person had;
sfruek wit OF M tina hat ioht he
knife; almost Immediately after he heard
the report Of a pistol; saw Herbert come
around the table Immediately after the pistol
was fred, supported by Gardiner and an.
other person; at the time of the shot saw sew
eral persons on one person; could not recog.
nize that person; there was no cessation in the
struggle from the moment witness entered the
room until the pistol was fired; did not see the
cook separate the parties; thinks If one GO
dressed had separated them he should have
seen it; at least three persons beside Gardiner
were engaged in the melee; Gardiner was q
little to one side; did not see any blow bit but
the one struck by Gardiner with the chair;
did not see Herbert before he emerged from
the group.
Cross exsmined.-Ths pistol was fired no,
many seconds after Gardiner dealt the blow
does not know whethes it was knife that the
man hit by Gardiner had in his hand some
person in the centre Of the group was the OBJ
ject of attention thinks if this person had
been on his feet he (witness) would have seen
as much Of him as of the others; does not
know whether the cook was there or not the
cook might have been in the melee; saw O
pistol in Herbert's hand az be passed down the
room saw person 90 OF towards the side of
the room who appeared TO be hurt; the per-
son struck by Gardiner in the group appeared
70 be a waiter.
Upon the conclusion of the testimony Of
tbis witness, the court adjourned at twenty
minutes past three, p. m.
FIFTH DAY.
The court met at 10 O'Clock this morning,
and Immediately upon the opening Of the
doors the room was filled to its capacity.
At half past ten the prisoner was brought in.
Capt. A. j. Smith called for defence Was
at Willards' on the day Of the ARRAY; did mt
see the first Of il; was smoking q cigar in the
passage and heard an immense crash; went into
dining-rOom, and just as entered heard pis-
toll fired; saw two squads of people engaged
in a struggle. nj the time of the shot saw one