The Trinity journal., 1856-06-14
Arrival of the Sierra Nevada.
Murder at Washington City by a
Californian.
AFT AIRS GENERALLY.

ted by Mr.. L. L. Herbert:
To-day, shortly after IL A. NJ, 2: T. Her,
bert, California member of the House OF
Representatives of the United States, went
over to breakfast at Wizards Hotel, where
he takes his meals, and sent boy from the
breakfast room for his breakfast. In four
or FIVE minutes after portion of his break
fast was set before him, and the boy then
told him that at that hour it would be ne
cessary for him (the boy, to get an order
from the Office to have breakfast sent up
from the kitchen.
Herbert told the boy to "Clear out, you
Irish son of b." He turned around
ITO another waiter, Thomas Heating, who
was standing near by, and exclaimed, "And
you, you damned Irish son of a b, clear
out, too.n The answer of Thomas Keating
was not comprehended by our informant Gan
eye witness.)
Herbert, on being answered by Thomas,
rose and struck him on the neck behind, with
ihis fist. Thomas Keating seized plate and
threw it at Herbert Herbert seized chair
and threw it across the round table at Thos.
Keating, striking him with it.
They then clinched and fought. Another
Californian, whose name we have not heard
came in at the door and ran to Herberts
assistance. and also struck Thomas keating
with chair.
Patrick Keating the brother Of Thomas
(and the steward of the house, at that time
coming into the room, ran to his brothers
assistance, and seized Herbert who imme-
diately drew revolver The other Cali
fornian at that time was striking both the
Keatings with chair.
As Herbert drew his revolver, Patrick
Heating seized it by the barrel, and they
struggled over it for some moments, until
the French cook of the house came in and
separated Herbert and p. Keating, who let
go his hold of the pistol barrel.
Thomas Keating and the other Calitorni-
an were mingled in that particular part of
the fray between Herbert and Patrick. At
ter Patrick let go the barrel of the revolver,
Herbert seized Thomas (who had clinched
him and was struggling for the pistol by
the collar 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 chinaware at Herbert, but
none of the Others interfered.
Herbert and his Californian companion
left the room and house Immediately, by the
Fourteenth street door, where Herbert took
hack and drove away Subsequently he
delivered himself up at the Office Of Justice
Daniel Smith, on Eighth street.
His examination for killing Thomas Keat-
ing, aged about 81 or 35 years. (who leaves
a wife and two children will take place at
the guard-house at P. NJ.
The two Keatings were civil men, and
were favortes with the boarders in the
house
This account of the alfray we take from
the lips Of one Of the servants, an aged man,
who saw all Of it.
A telegraphic dispatch to New York on
the 9th, at 10 o'clock, P NJ, states that the
examination of Mr. Herbert, on charge of
shooting Thomas Heating, at Wizards Ho-
tel, was resumed that evening The court
room was denscly crowded
District Attorney Key asked for post
ponement of the case, stating that at his in
stance, Secretary Marcy had solicited Mr.
Dubois the Nethcrland Minister who saw
the occurrence to attend as witness, but
Mr.. Dubois declined doing so at present,
wishing first to consult with other members
of the Diplomatic Corps, Mr.. Key remarked
that foreign ministers being exempt from
process in such cases, Mr. Dubois must at.
tend voluntarily, if at all, and there was no
probability of his attendance until tomorrow
The counsel for defence opposing a post
nOnpmnnt 10 iupt fbn
examination to proceed
Arnold Harris John f. Reynolds, Major
Graham and William A. Gardiner were ex-
amined for the defence. Mr.. Gardiner is
the Californian who was in company with
Herbert when the difficulty occurred, and
with whose pistol Herbert shot Keating.-
Mr.. Gardiner and Mr.. Herbert lodged to-
gether, and the latter, as Mr.. G. states,
took the pistol from the mantel-piece Of their
room on the evening preceding the occur
renee. Mr.. Gardiner gave a graphic de-
scription of the fight, in which he was
prominent actor.
Messrs. Bradley, Weller, Percy, Walker
and Phillips addressed the court in favor of
the discharge of the prisoner. District At
torney Key replied on the part of the prose
cuton, the question Of bail entering largely
into his argument. After a session Of five
hours, the prisoner was remanded to the Gus
tody of the United States Marshal, the
Court stating that they would render their
decision tomorrow.
Congress. onal and other matters of gov
ernmental character are as they we're
There is every probability that the Walker
Rivas government was recognized some days
before this. Both Houses Oh Congress have
passed bill granting the State of Iowa
1900, 900 acres of land for railroad pur-
poses
Political intelligence is extensively mixed.
The New Jersey State Democratic Conven-
tion chose delegates to the National Con-