Butte record., 1856-06-21
The Shooting Alay 1T Washington

Mr.. Herbert, member of Congress from
California, and some of the walters OF
the establishment The name Of the
deceased is Thomas Heating, native OF
Irela I'D.
A number of servants belonging to
the Hotel, were first examined. Thor
testimony was somewhat contradictory,
but it was mainly to the effect that Mr..
Herbert came into the dining room at
half past eleven o'clock, accompanied
by friend and called for breakfast, but
being PAST the usual hour, he was in
formed that he could not have his meal
without an order from the Office. Her.
bert directed several servants who spoke
to him on the subject to retire, calling
them harsh names The deceased made
reply, when Herbert struck him with
his fist or napkin The deceased picked
plate or tray, making movement as
if to throw it. when Herbert threw his
chair at the deceased, the latter return
ing the assault with the plate
During the melee, Patrick, brother
of the deceased, entered, having heard
Of the proceedings, when Herbert seized
him, and the two brothers closed on
Herbert. The struggle now became in
iensely exciting, and as it proceeded,
crockery and chairs were broken pro-
fusely by the parties to the contest.
The Austrian Minister was present as a
spectator. quietly beholding what was
occurring, and did not move till he went
up to the man whom Herbert shot, to
ascertain whether he was dead.
Col Mckay testified that he saw,
when he entered the dining room, six or
seven persons in scufie and thought it
was general fight among the stewards
of the Hotel, but he beheld one of the
servants knock down Mr. Gardner witt,
chair. He saw three servants striking
Mr.. Herbert and boluing him by the
wrists. Oae of them struck him with
4 chair, when witness seized a chair TO
defend Herbert, who was sinking under
the weight of those upon him. Gardner
was beating them promiscuously. After
Herbert fired his pistol the other two
servants still clinched him. Mr. Smith
rushed forward with a cane, saying, off
you do not release him I'll kill you :"
Mr.. Herbert was injured and the witness
ploced patch On his nose. Capt. S.
Smith, confirmed Col. McKay's state.
ment, saying, crowd of servants had
Mr. Herbert in their power, striking
him with plates, &c.
Mr.. Bishop Member Of Congress,
testified that he was positively certain
that the pistol was discharged while the
struggle wrs going on. Three or four
persons were holding him, and he ap-
peared to be much exhausted.
Capt. Bl,nding oorroboratcd the fact
that several servants were passing a
man down, whom he afterwards ascer-
tanned to be MIR. Herbert, previous to
and at the time of the firing of the pis-
tol Col. Dupont's testimony was also
confrmatory of the above.
Justices Smith and Birch, before
whom the investigation was h Id, deliy-
ereo their opinion, as follows:
"Aftsr a careful examination of the
evidence, we feei it to be duty we owe
alike to tie defendant and the govern
ment. and that the ends of justice may
be fully met, to send this mat'er to the
criminal court of this District. That
tribunal we conceive The proper one to
grant or refuse the application Of the
defendant for discharge. AS for the
application Of his admission to bail, we
are divideu in opinion. We therefore
commit the defendant to the custody Of
the U. S. Marshal, until he be dlscharg-
ed in due course Of law"
The defendants counsel made imme-
diate application to Judge Crawford of
the criminal court, who issued writ of
habeus corpus, and after its execution,
admitted the prisoner to bail in the sum
of $4,000. In obtaiaing his release he
was informed that he must present him
self at the June Term of the criminal
court, to answer to the charge of Man
slaug hter.
After his release Herbert again took
his seat, but bis, presence caused much
excitement among the members, who
generally express detestation of the man
ana bis Conduct, upon his reappearance.
Mr. krowiton, Of Maine, offered pre-
amble setting forth the offence Of Her
bert, and that the constitution gives
either house the power to punish lis
members for disorderly behavior, and
L