Evening star. [volume] (Washington, D.C.) 1854-1972, 1856-05-12
EVENING STAR.
LOCAL INTELLIGENCE.

III
read the following decision upon the applica-
ton for the release of the prisoner upon a writ
of hsbeas corpus. Mr.. Du Bots, the minister
from the Netherlands, did not appear
hire Philemon T. Herbert on Ha5ea, Corpus.
The testimony adduced at the hearing on
the writ OF habeas corpus directing the mar
shal Of the District Of Columbia to bring the
body Of Philemon 7. Herbert before me on
Saturday last, has been the subject in connec-
ton Of the law arising thereon Of as full con-
sideratiOn as the Intervening time will allow.
was strongly impressed by the evidence as
1t was detailed, and the reflection Of which
have sought aid, instead Of damaging that
impression has streng thened the conviction En-
tsrtained when the evidence was closed. [
abstain from giving the reasons for the con-
viction arrived at. Why, must be obvious
In any view which jury can take Of the evil
dence under proper instructions from the Court
as to the law, it is quite clear to my mind that
conviction OF murder should not take place.
If the evidence had left room for debate
whether the prisoner was guilty Of murder or
manSlaughter or was entitled to acquittal al
though the ground for such debate might have
been slight, should have remanded him to
prison.
Inrelation to the two last branches of enquiry
Just stated, viz Whether a charge of man
slaughter can be maintained or the defendant
should be discharged, there is contradictory
testimony, and not only contradictory, but
utterly irreconcilable; and it is not for the
Court, but jury, TO say what of that testi
mOny they will credit, and to what the weight
Of evidence which may be adduced on a trial
shall point When a matter of fact is in
volved, the Court should bail or remand to
discharge, would be for the Court to try and
decide the truth Of the fact for which person
may be committed, instead of jury. Peters
dOrf7s Law Of Bail, 1928, &c.
The order of the Court is that the prisoner
IntO recOCnlyanPa with
good surety or sureties, in the sum of ten
thousand dollars, conditioned for his appear
ance az the next term of the Criminal Court
Of the District Of Columbia, to be holden on
the third Monday Of June next, to answer to
the charge of manslaughter of Thomas Keat-
ing, and not to depart from the jurisdiction of
the Court without the leave thereof, and on
his failure to do so, that he be remanded to
the Jail of Washington county, District of Co.
lumbia.
Joseph H Berret and James Owner were
received as bail, and the prisoner was set at
liberty. -
SABBATH SCHOOL CELEBRATION morn
ing the Sabbath schools attached to the Pre-
testant churchesof this city assembled for their
annual celebration, and was undoubtedly the
largest gathering OF little children ever wit
messed In this District. 1t was found neces-
aary 10 change the arrangements made at first
in order that all the schools might partake in
divisions should be made, one to proceed, Of
terthe assemblage in the Smithsonian grounds,
TO the E Street Baptist church, the other to
the First Presbyterian church, on Four and a.
half street but after both of those churches
were crowded. II was found that several schools
were outside The First Congregationaleh church
on Fifth street was then opened, and the re-
naming schools conducted thither by the
marshals.
1t was designed that the Rev Drs Murray
Of Georgetown, and Curly should address the
schools, but that arrangement was changed
and those reverend gentlemen addressed the
division at the Presbyterian Church, and Rev
Messrs. Hodges and Griswold to that at the
Baptist Church; and the schools at the Con-
gregaticnsl church were addressed by a gen
tlemaH whose name we did not learn.
Esputa and Weber, with their splendid brass
bands helped to make up the procession, and
enliyened IL with appropriate music skilfully
performed. An attempt was made to obtain
the actual number Of children in the prOces-
sion, but il was failure, the crowd upon the
sidewalk frequently confusing those engaged
The police officers, under the direction Of
John Davis, Esq the Chief Of Police, rem
dered good service by preventing the hacks,
Omuibuses, and horses from breaking through
the lines.
The HOHICIDE.-We are informed by Msi r
Graham, Of California, one of the witnesses
examined for the defence on Friday evening
last, in the case Of P. I. Herbert, charged
with killing Thomas Heating. that our report
Of portion Of his testimony is incorrect
Thus, We report him as having said that "He
tHerbert) is a quiet and peaceable man, ex-
cept when a little aroused by passion -
whereas he said EF-" He is a quiet and
peaceable man When insulted, or his pas
SONS aroused, he would defend himself like
Ct5er mem
Maj. Graham also informs rs that Mr. Gar
dlner says that cur report Of his testimony Is
incorrect, where We say that he said 60 Go
away, damned scOundrel, or he would kill
him" Whereas, he said instead thereof
bG o away, damned scoundrel, or get
me some breakfast
Note The reporter very cheerfully gives
these gentlemen the benefit of their state
ment but after referring to his notes is in
chned to rely upon his version; however the
puDlc present at the time the testimony was
gwen can decide. His purpose certainly was
70 give scrupulOusly accurate report Of the
evidence
The SEA or leg OR, A MorHER's PRAYER
Inls great moral drama, 80 sminently sue
eesstul IN other cities, will be produced at the
NAtlOnal Theatre tomorrow evening. We
understand great preparations have been made
l0r Is production, and il may be expected 10
surpass any scenic and dramatic PRODUCT on
ever produced in this city. The cast is ne
one, embracing the names Of the entire com
az performed by him in Baltimore with great
praise; hr. Jefferson as Barabas, the faithful
sailor Miss Mary Devlin will appear as Ov
erlta, the Indian girl. We doubt not, an
overwhelming house will greet this new drama
tomorrow evening the theatre being closed
tonight for tho purpose Of rehearsing the Sea
Of Ice
CARELESS DRIVING Saturday afternoon,
Gol- IL Nsylor was placed in considerable
danger, while sitting in his buggy, by the
careless driving Of the coschman Of a hotel.
Coi was just preparing TO start from
street, near Sixth, where he had been attend
ing 10 business, when the coach was driven
rapidly to his buggy, and the wheel of the
coach, catching the shaft Of his carriage his
morse was thrown, and but for the assistance
rendered by persons near by, Col. N. would
nave been severely injured. The driver did
ho' stoP, but kept on, dragging the buggy q
snort distance with the coach This habit of
IRVING 50 rapidly and carelessly is INDUCED
drivers. both lie