Evening star. [volume] (Washington, D.C.) 1854-1972, 1856-07-22


hands to his head; the whole affair was
over In minute or a minute and a half;
what witness saw Of it he supposes lasted about
minute or minute and half; after this
man ran on the parties pushed towards the
pantry door, which they had not reached
when the pistol was fired; at the time the
pistol was fired the parties must have been
very near the end of the long table; 1.-THE Civ
ing way OF seat covered with spectators here
caused great crash and disturbance in tho
room j Patrick Heating had hold of one Of
Herberts arms at the time the shot was fred;
Is witness was leaving the room he saw the
female; did not step up to the wounded man
upon seeing he was shot fatally; did not go
towards the shrieking woman: after separs-
ting from Herbert the night previous, did not
see him again until he recognized him in the
ARRAY. The cook, Devenois, was brought in
and was identified by witness The French
COOK was not in the struggle; saw him with
woman at the pantry door afterwards. De
venois toquitor "had no woman at all Loud
laughter, during which the Court called for
silence, and the cook was requested to retire
his desire to get Herbert out of the room was
paramount to his desire to 60 to the assistance
OF the wounded man; he did not approach
the shrleklng woman, but was doubly anxious
to get Herbert out of the room, thinking that
the woman might be some female relative Of
bert at the time of the shot Pat Heating was
holding him from behind
John Enbrtght re called.-Remembers be-
ing examined at the Jail did not state before
the Justice that he retained his position, and
did not move during the ARRAY.
Senator Weller called to the stand -Testi-
fed that at the examination Enbright testified
he did not change his position during the af-
fray; is acquainted with Herbert met him in
q oh han nd
anything against the character of Herbert as
peaceable man until this affair; Herbert was
always represented to witness as q very anna.
BILE person; did not understand Enbright to
say that he stood in one fixed position.
Jerry Rtordan re-called.-Remembers be-
ing examined before the Justices at the Jail;
saio that at the time of the first shot he saw
the four engaged together The report of his
evidence taken at the Jail by Justice Smith
was read to him and he denied portion of it
as being correctly given
The testimony of Mr.. John E. Reynolds,
too i'll to attend, was, by permission of the
counsel, read over by Mr.. Bradley, as taken
down on the former trial. 1t has been already
given in the Star.
The Court, by request Of the defence, and
permission of the prosecution read its notes
of the testimony of Major Graham.
DR.. Itoosemcrof was called, and testified
W WV OOHuitlOu VI ut1U6IJ az
ter the affray; Herbert complained to him of
pain from an injury upon the chest.
Mr. Preston objected to witness testifying as
to what Herbert said about his physical con.
dition
After argument ON both sides the court de-
cided that declarations Of the defendant after
the act was committed cannot be received as
evidence.
Witness should judge from the general ap-
na ut hat thnS L.
ceiyed other wounds than those on the nose
and back of the head
Justice DANIEL SmiM was recalled, and
identified the report of the evidence of Rior.
dan handed him as the same he had taken
| down at the Jail
The court here took a recess of twenty min.
utes.
You've MEMS CHRISTIAN ASSOCIATION -
The regular monthly meeting of this assoca-
ton was held last evening at the rooms, M II
| Miller, Esq vice president, in the chair.
Samuel d. Young, Esq, presented a report
| On the city prison, from which it appears there
| 10 no provision whatever for religious instruc-
ton or moral improvement there Our citi-
| Gems seem to be utterly Indifferent to re-
| llgious instruction in the Jail. Resolutions
were adopted to memorabilia Congress for the
! appointment OF chaplain, and to secure tn .
| services OF the ministers here until that could
| be done. Remarks on the subject were made
by Messrs, Young, Hascall, Stansbury, Brad
| ley, and Rhees.
Messrs. d II. Wood, Jos. II. Bradley, ir.,
and Vim. j. Rhees, made reports Of the late
convention at Montreal, which they had at.
tended. On motion of Mr.. Richards, they
were requested to repeat these reports at the
meeting in September, to be held in a church
where the public could hear them. Messrs.
| Force, Van Santwood, Easter Grub, and
Lindsley, are also expected to speak at that
| time.
TIE COUNCIL PROCEEDINGS Owing to the
| crowded state of our columns to-day We are
unable to give the proceedings in full. In re-
latiOn to the nominations we would say that
| only those to be reconsdered and those laid
| over were taken up in the Board Of Aldermen
| yesterday. The nomination of Jno Waters
as Clerk of the Centre Market was rejected
| ayes 7, noes z. Reuben Collins, Police Off
| Ger of the Fifth District; confrmed-ayes 9,
noes 4. r. b. Owens, Commissioner of I'm.
| provements Third and Fourth w Yards reject
! ed-ayes S, nays9. The bill accepting the
| beque,t of Stephen c. Ober, deceased, and for
! other purposes, was passed Other business
equally important, was also disposed of.
HGN P. S BROOKS This gentleman was
| arrested this morning by Officers Boss and
Allen, on a warrant issued by Justice Hol-
lingshead, upon the written affidavit of F. G..
Treadwell, setting forth that he had reasons
| to believe that duel was contemplated be-
tween Hon. p. S. Brooks of South Carolina,
! and Hon. Mr.. Burlingame, Of Massachusetts,.
Mr. Brooks went before Justice Hollingshead,
who after consideration, decided that it was
| his duty to hold him to bail in the sum of
$4,000 that he would not in any way violate
the law in relation to duels in the District of
Columbia.
QUITE AN EXCITEMENT About IL o'clock
last night, cries Of murder, watch &c
| reused the neighborhood of jackson Hall
Alley, and general rush to that locality was
the consequence. Captains Mills and Bag
gott, of the guards and police, were on the
spot, and discOvred that a man named Alfred
Lomax had broken into his wife's house and
frightened her SO that she called for the off,
GERS to protect her. They have lived separate
for some time past, but he is anxious to get
hold of the certificata of their m ana nv h;ah