Evening star. [volume] (Washington, D.C.) 1854-1972, 1856-07-11
EV ENING STAR.
LOCAL INTELLIGENCE.

stand
The point was argued by the District At
torney and the counsel for the defence, |
whether the witness could be questioned if the |
fee to be paid the counsel for the prosecution |
was q contingent one. The Court decided |
that the question might be put; which, being |
done, the witness answered In the mega. |
tive. In the course Of the sharp cross ex- |
animate which the witness received at the |
hands of Mr. Bradley, Mr.. B. put the ques-
ton where the brother Of witness received
his wound. The witness replied that he be-
lieved the post u0rtsDs examination showed il
to have been on the breast. [Laughtsr.l
John Edbright swCrn.-W as present at the
shooting at Wilards; came into the dining.
room as Mr.. Herbert sent for his breakfast;
a part Of his breakfast was on the table; the
young man who went for his breakfast came
back and said he could not get him breakfast;
this boy Jerry Riordan) came over to the
second head waiter to find cut Mr.. Herbert's
name in order TO get an order; Mr.. Herbert
told Riordan to 60 out Of the room, and called
him a id Irish son of a bitch Herbert
turned around to Tom Heating, who was
about three yards to the right, and repeated
the same words, and told him to clear out;
cannot say if Tom Heating made any reply;
Herbert struck Heating; Heating was turned
with his back towards Herbert; Herbert struck
him on the back of his neck with his fist, in
which was a napkin; Heating went around
the table and picked up plate; Mr.. Herbert
picked up chair and threw it at deceased;
then deceased threw the plate at Herbert;
then Herbert picked up some crockery and
threw at Heating; Mr.. Gardiner came in at
this time; ne looked up the room, and picking
up chair, threw 1T across the room towards
14th street at Thomas Heating; Gardiner and
Tom Heating threw some time at each other;
Pat heating came in aud picked up q pitcher
OF molasses lying on the table; Mr.. Herbert
came up at q smart pace and lays hold of both
OF them together; at this time witness lost sight
of what deceased and Gardiner was doing; saw
Herbert striving to get his pistol in his hand;
Pat Heating caught hold Of the muzsle of the
pistol; Mr.. Herbert had hold of the stock of il
with his right hand; Pat Heating had hold of
the pistol with his right hand; Tom Heating
took chair and struck at Mr. Herbert, but
hit his brother on the head with a chair: the
French cook came in and rushed between Gar
diner and the two Keatipgs; Pat Heating let
90 his hold on the pistol in consequence of
being struck with the chair by Gardiner; wit
ness saw Herbert take hold Of deceased, and
placing the pistol to his breast fred deliber-
ately; deceased put his hands to his breast
and said he was shot, he said he was dead,
and asked witness to send for the clergy: Mr.
Dubois, the Netherland Minister, was sitting
at the table, and never stirred when the pis-
tol was fred; afterwards he came up and asked
II the man was dead; after the shot, some gem
tlemen came IN and hurried Herbert out Of the
room; witness thinks this occurred about half
past eleven o'clock the usual hour for b,gip-
ming to clear of the breakfast thing, at Will
lards was eleven O'Clock in the morning; the
bread, butter, tea, and sugar, on Herbert a ia
BILE had not been cleared off the Netherlands
Minister was the only person who was break
fasting at the time Herbert entered when
Herbert stood up to strike Tom Heating wit
ness passed over in that direction when the
pistol went OF witness was perhaps two feet
from the parties as soon as Herbert saw Pat
Heating come in, he (Herbert) passed witness
and rushed up to Pat Heating when witness
saw Herbert draw pistol he followed Her
bert Charles Quinn was the head waiter at
Willards', and Francis Maynard was the
second head waiter; at the time of the ARRAY
Maynard went to call Mr.. Willard Gardiner
entered the room in company with Herbert
he (Gardiner) got mp and went oct, and came
in again when the noise was made of chair.
and plates; the molssses was split upon Her
bert and Tom keatings coat the molasses
pitcher was broken in the scufie saw no
mark Of blood or wound upon Herbert :;
saw deceased throw plate 1T Herbert, but
thinks 1t did not hit him; thinks il was a plate
and not q silver salver; found the salver bent
next day, but did not see it thrown by any
one during the fray; the only persons witness
saw engaged in the fray were Herbert, Gardi-
ner, and the two Keatings Pat Heating had
his left arm around Herbert's neck and his
right hand upon the pistol; there was no one
Knocked down In the room; Herbert had hold
of deceased with his left hand, and with his
right hand raised the pistol and shot the de-
ceased witness did not take any part in the
fray; no women were in the room at the time;
there were plenty Of them squealing outside
the dining room witness had not been at
Wlllards more than three weeks at the time
Of the ARRAY; Riordan had been in the house
only few days; deceased did nOt throw the
plate until Herbert threw the chair; he had
1afa NanI
struck him with his fist and m ade two motions
as if to throw it, but hesitated
Frederic w arrsn sworn.-Resides in Bos.
ton; was present at Willards' at the time of
the ARRAY; was passing the door of the dining
room; saw Herbert and a waiter engaged in
some kind OF trouble; Herbert had q chair
raised and the waiter had q plate raised the
waiter passed behind the round tables follow
ed by Herbert; by the time they reached the
wall, witness saw several walters with chairs
In their hands; witness did not 90 into the
hall; saw some gentleman with his back to
the third table; thinks Herbert was at the
second table did not see the pistol fred ::
heard the report his attention was taken up
the ARRAY, and he could not say if other gem
tlemen were In the room thinks some persons
were standing with him at the door witness
hrst saw Herbert on one eide and the waiter
on the other; the waiter retreated up the
room towards the round tables; Herbert fol-
lONcu &c SOOn as neIDerl started, the walter
ran; did not see Herbert strike any blows; there
was considerable noise of knocking around
furniture.
The District Attorney stated here that the
witness just examined (Mr. Warren) was an
United States officer at Boston, and that he
was DESTROYS Of returning as soon as possible
By consent Of counsel for defence he was per
mitted 10 withdraw.
j. l. DevenOis sworn lis the French cook at
Willards; the rule there is not TO give break
fast after eleven o o'clock without an order from
the ofhce; on the day of the ARRAY witness told
the servant who came for the breakfast for
Mr.. Herbert to 90 to the Office for an order;
witness went to his private room to get hi.
own breakfast; heard a noise as Of breaking
Of plates and glasses, but took no note of it as
plates and glasses were always being broken;
then heard the defamation Of o pistol, and
went to the dining rOOm saw Mr. Herbert run
after Thomas and Patrick; witness cauyht