Evening star. [volume] (Washington, D.C.) 1854-1972, 1856-05-09
STAR
LOCAL INTELLIGENCE.

N. yesterday, In the guard room of the
Jail, before Justices Smith and Birch. The
guard room and the hall were densely crowded
by an anxious and excited assemblage of citi-
zens, Californians, members of Congress, &c -,
and at the windows outside and in front Of the
door were collected large number of persons
unable to gain entrance, but who fingered in
the vicinity and contented themselves with
such surrepttious peeps as were obtainable
through the barred windows.
The prisoner entered accompanied by a
number Of friends, members of Congress, Cali
fOrnisns, and others. He is a medium sized
man, but eompactly built with a well de-
veIoped chest, and with pretty determined
look. A small piece Of black court plaster
was observable upon his nose, and a slight
scratch upon one cheek, and his clothes were
considerably sOiled.
The District Attorney, Mr. Key, atbeared
for Government, and Messrs. Bradley and
Radcliffe, Senator Weller of California, and
Judge Phillips OF Alabama, appeared for the
defence
The following witnesses were called for the
United States: Thomas Broduck, John Ed
bright, Charles Quinn, Jerry Rior Ian, Mi
ehael DOugherty, j. De Venois, Michael Car.
rOll, Patrick Resting, Henry A. Willard, John
Redig, Francis Maynard, and James Quinn
Thomas Broduck sworn is a waiter at
WIZARDS Saw Herbert hit Heating with a
John Edbright, an elderly man. sworn.-Is
waiter at Willard's, was in the dining-room
when Herbert ordered a servant to bring his
breakfast The servant answered that he
could not without an order from the Office; Her
bert then told the servant to clear out of the
room, and called him ga damned Irish son Of a
bitch" Heating stood about three wards from
Herbert. Herbert turned and said the same
thing to him-to clear out of the room Wit
ness stood IN the centre Of the room and could
not hear the reply of Heating. Then Herbert
stood up and struck Heating on the back Of
the neck with a pistol. Heating went back
Of one Of the round tables, got a plate and
made two attempts at throwing it, but paused.
Herbert then took up a chair ard threw
it at Heating. Heating then threw a plate
at Herbert and came around the edge of
the table. Herbert and Heating met at
the side Of the table and jostled together.
The plate thrown by Heating he took from the
table at which Herbert was sitting Then a
gentleman came In and struck Heating with a
chair and broke it They jostled for min
ute, breaking sugar bowls and pitchers Then
Pat. heating, the steward, and the brother Of
the deceased, came in. Herbert laid hold of
him and took cut pistol. Pat took hold Of
the pistol AID held it about minute, while
they jostled together. The other gentleman
iHerbert's friehd) followed up and struck Pat.
heating with q chair upon the head. The
two gentlemen Herbert and his friend) were
engaged with the two Keatings when the
French cook came in and separated them.
J0Stllng Pat Heating away so that he let 90
the barrel Of the pistol; with that Herbert
caught hold of the collar of Thomas Keatipe',
coat with his left hand and shot him with his
right hand. Deceased told witness that - he
was dead" Saw the blood rush out of Keat-
lnS's coat. Saw no knife drawn. Was in the
room during the whole ARRAY. Saw no one
strike Herbert. Took no hand in the busi
ness When the shot was fred went over to
the assistance of the deceased Saw Mr.. Her
berts friend throw two or three pitchers, and
another friend of Herbert came in and cried
shame" Witness has been at Wizards
going on month. The table stood about
twelve yards from the door. They all met at
the door. Not word passed between Her
bert and Pat. -Four Of them were engaged in
the scutie. Pat came in the door and turned
at the table, and Mr. Herbert was irving TO
get his pistol out. Pat, only, had hold of Her
bert; deceased was three or four yards be.
hind. No conversation passed between Her
bert and Pat. Pat had hold of Herbert at
the time Herbert was trying to get his pistol
out Pat had hold Of the muzzle of the pistol
with bis right hand, and his left hand was upon
the back Of Herbert's neck. The deceased at
this time was in front of Herbert. Herbert's
Trend at this time was whipping deceased with
chair. As soon as Pat. Heating let 90 his
hold Of the pistol, Herbert shot Tom Heating.
Pats hold upon the pistol was broken by
the cook and by the gentleman who came in.
Pat heating was about five feet elk inches in
height and weighs about 1870 The deceased
was more bulky but weakly. Witness thought
Herbert ought to be able to whip both the
heatings; because he (Herbert) was a we'll fed
mar, was not over-Horked, and had full use of
ms limbs. The Austrian minister was sitting
looking on at the whole affair he sat still nm
hot nd fkap
Il ne was dead Pat had pitcher of molas-
ses IN his hand which was broken in the strug-
sle. BY the stroke Of chair by Herbert5s
mend and by the inteTDOsition Of the cook Pat
let g his hold Pat went away at tbs time of
the shot bat came back to help carry his
brother up stairs. The scuffie was not five
minutes altogether.
Charles Quinn sworn-Is head waiter al
WIZARDS; was passing Mr.. Herbert and heard
nm say get my breakfast, damned quick -
heard confusion, and looking around saw
1eroeFt strike deceased in the face with a
handkerchief or napkin Herbert then went
PACK 10 a:s place at the table and picked ND a
caSlr and Heating ran to the sideboard and
licEed up something; witness could not saw
witness then ran out of the room, and
Tnen he got back Heating was shot Pat
nea'Ing was In the room when witness went
.u'' Al was coming, walking, down the room
awards where Herbert was standing
fa'rek Heating, brother of the deceased.
was sWorn.-His face was bruised and much
1iscolored under the eye and upon the fore
LAO ara there was bruise upon one of his
Lands witness was in the kitchen at the
ume the ARRAY commenced several came and
So-a him that Herbert was beating his brother;
sc went 10 to save him; Herbert was at one of
80 &c round tables, fifteen or twenty yards from
lle door where he entered; when Herbert saw
witness coming down the room he turned upon
witness and struck him with a chair, having a
S''oi IN one hand; from what witness had
heard OF Heroerts character, he believed Her
GeTt would shoot him, and grasped the pistol.
me witness here displayed a wound in the
palm Of his hand, which he believed to have
Teen made by the muzIle Of the pistol I A
Trend OF Herbert, a tall gentleman, with san
dy naIr, interfered, and witness lost his hold
upon the pistol; defendant then fred one shot;
witness then turned TO his friends and cried
murder witness then went out of the room.
eIl "hen he came back his brother was shot;
Zen witness FIRST entered the room, Herbert
.E1ek him with chair; was positive that the
1rst shot did not kill his brother; didn't recoJ-
hrfaN Erpfr l.