Bradford reporter. [volume] (Towanda, Pa.) 1844-1884, 1856-05-17
Fatal and Dreadful ARRAY.

[From the Washington Evening Star, May 81
To-day. shortly after IL d, M PIT Her
bert a California. Member of The House of
| REPRESENTATIVES of the United States, went
over to breakfast>at Willard's Hotel, where he
takes his meals, and sent boy from the break
! faSt-room for his breakfast In four or five
minutes after, portion of his breakfast was
set. before him, and the boy then told him that
hourit would be necessary for him (thc boy)
to get an order from the Office to have break
fast sent up from the kitchen.
Herbert told the boy to Clear out, you
Irish son of a b--h." lie turned around
to another waiter, Thomas Heating, who was
standing near by, and exclaimed, 4" And you,
you ID Irish son of b@-h, clear out,
too" The answer of Thomas Heating was
not comprehended by our informant IAN eye
witness).
Herbert on being answered by Thomas, rose
and struck him on the neck behind with his
fist. Thomas Kcatng seized plate and
1 threw it at Herbert Herbert seized chair
and threw it across the round table at Tho's
Keating, striking. him with it.
| They then clinched and fought. Another
Californian, whose name we have not heard
rlI1lc Ill dJ UHe uOOE anu W IlpFDcTL y ttS-
| sistance, and also strnek Thomas Heating with
q chair. vy~
Patrick Heating, the brother Of Thomas,
(and the steward of the house, at that time
coming in the room ran to his brothers aSsis-
tance and seized Herbert, who Immediately
drew q revolver The other Californian at
! that time was striking both the keatingS with
a chair.
| As Herbert drew his revolver, Patrick Kea-
ting seized it by the barrel, and they struggled
over it for some moments, until the French
cook of the house came in and separated Her
bert and 2. Heating, who let go his hold of
the pistol barrel
! Thomas Heating and the other Californian
were mingled in that particular part of the
/ fray between Herbert and Patrick. After
Patrick let go the barrel Of the revolver, Her
bert seized Thomas (who had cinchcd him
and was struggling for the pistol by the col
/ lar, and, putting the pistol to his breast, shot
/ him through the lungs, killing him in five
minutes
After the shot one of the other servants
threw piece of china ware at Herbert, but
none of the Others interfered
Herbert and his California companion left
! the room and house Immediately, by the Four
teenth street door, where Herbert took hack
and drove away Subsequently he delivered
himself up at the office of Justice Daniel Smith
on Eighth street.
WASHINGTON, May l0-Justiccs Smith and
Birch, before whom the Inquiry was made in
the case of Herbert, charged with killing Kea-
ting delivered their opinion this morning
They say, I" after careful examination of the
FooI q H. IL
to the defendant ana the government, that the
ends of justice may be fully met, to send this
matter to the Criminal Court of this district
That tribunal we conceive the proper one to
grant or refuse the application of the defendant
for his admission to bail, we are divided in
opinion We therefore commit the defendant
to the custody of the u. S. Marshall, until he
be discharged in due course of law"
| The defendants counsel made immediate
application to the Criminal Court Judge for
his release, by a writ of habt ais corpus
! The hearing came off before Judge Craw-
1 ford this afternoon, the Counsel for the de-
fendant praying for his discharge. The ex-
animation Of witnesses was proceeded with,
occupying seven hours. The evidence was
nearly the same as that brought forward dur
! ing the first hearing.
WASHINGTON, May ., 1856.
Judge Crawford this morning rendered his
decision with regard to the application for the
discharge of Mr. Herbert Among other
things he said
| In any view Jury can take of the evi-
dencc, under proper instruction from the Court
as TO the law, it is quite clear a conviction of
of murder should not take place. If the evi-
dence had left room for debate as to whether
the prisoner is guilty of murder or man-slaugh-
| ter, or was entitled to an acquittal, although
! the ground for such debate might have been
Slight, | should have rcmandel him to prison
' In relation to the last two questions, viz,
whether charge of manslaughter can be
m intai1ed or whether the defendant should
be diseha ged, the testimony is contradictory,
al not only contradictory, but utterly ire
ccncilable AMI it is not for the Court, but a
Jury, to say what part of that testimony shall
he credited, and what the weight of evidence
which may be adduced on a trial shall indi-
cate When matter of fact is involved it is
the duty of the Court to admit to bail or re-
mand to prison the person accused. To dis
charge the prisoner would be for the Court to
try and decide as to facts which properly be-
long to Jury to determine.
| lle order OF the Court is that the priso-
ner enter into rccognizances in the sum of
$4,000, as security for his appearance at the
June term of the Criminal Court to answer to
the charge of mansaughter, in the killing of
Thomas Heating"
Joseph III. Berritt and James Owner were
accepted as bondsmcn and the prisoner re-
leased
| ASSISTANCE TO CosTA RIcA-The intercep-