The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1856-05-09

HOTEL wAlTKR SHOT DEAD BY A M1nBER OF coN-
oRIeA-AN IDIT0R KNOCKED DOWN By TENNBs-
BEE MAJOR.
WASHINGTON, May Q, 1855
Mr.. Herbert, member Of the House Of Representa-
tves, nom California, shot Thomas Heating, the head
waiter at Wizards Hotel this morning. killing him In
stantly.
The circumstances, nearly at present can be
sertained are that while M Herbert taking late
breakfast at the public table Of the hotel, .
waiter "gavs him some insolenoe, f" when Mr.
Herbert called for another waiter, who came and
also treated him Isolenty. Two three other walters
then came up and commenced assault Mr.. Herbert
with chairs plates, Dishes Is. They then grappled him.
when several gentlemen standing by intsriered butre
treated being turned upon by the Walters. Mr. Her
bert fred only when it became evident that 1t the
design OF the walters to kill him. After one wAs killed.
others continued assaulting him tin he was REQ
cued by his friends. General Lane and Mr.. Mckay, Of
California witnessed the whole affair.
Mr.. Herbert Immediately surrendered himself and de-
manded an investigation.
The examinat,n took place at the jail this evening,
before justices Smith and Birch Senator Weller Of Call
fornia Mr. Philips Of Alabama, and Messrs 6radley and
Radcliffe appeared for the prisoner and District Attorney
Key for the United States There was an i'm
crowd both in and outaice q the jail The excite
ment very great. Many members OF Congress were
present. number Of the servants belonging to the
hotel were examined Their evidence was somewhat
contradictory, but to the effect that Mr. Herbert
came into the dining ct haKpasts eleven O'Clock,
accompanied by friend and called fr breakfast but
II being past the usual hour he informed by ser
want that he could not 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 made . reply, when Mr.. Herbert struck
him with his fist with napkin Tho deceased then
picked mp plate, tray, making movements il to
throw It, when Mr.. Herbert threw chair ct him, the
latter returning the assault with plate. During the
melee Patrick brother Of the deceased entered having
heard Of the proceedings Mr. Herbert seized him. and
the brothers closed with him. The proceedings now
became intensely exciting, and chairs and crockery
broken profusey BY the parties in the contest. Tne
Austrian Minister quietly beheld what was occurring,
but did not move until he went TO the man whom Mr..
Herbert had fred a ascertain whether he dead
living.
Oo Mckay testified that he saw, when he went into
the dining room, six persons in scufle, and
thought 1t general fight among the servants Of the
hotel but shortly behe Of the servants knock down
Mr.. Gardiner with chair and three other servants
stirling Mr. Herbert holding him by the wrists. Wit
seized hold Of char to defend Mr.. HERBERT who
sinking under the weight Of the men, and Nr. Gard
ner, ~ the same time, was besting them promis-
cuously After Mr.. Herbert fred the pistol the other
.srvant. yushaa 6orw.rd and c,;r.bad With hin,
Mr. Smith went TO the assistance Of Mr.. Herbert with
. cane, AyngI'f you don't release him. III kin you"
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w uss ~ SO"1 !" ~4'sA0 n"0 ~ A0i vow ~ sAoA1
pevsr, striking him on the head With plates trays 80
Bishop, OF Copgrege. positive that the