Evening star. [volume] (Washington, D.C.) 1854-1972, 1856-07-11

came up, and witness saw from his amer that
be was displeased he did not speak, however;
Herbert looked up and said, SEQ and get me
some breakfast" deceased replied in a very
insolent manner, +" I shan't do 1t, you have
one boy waiting on you," or words to that
effect; Herbert then said, $50 and get US
some breakfast or 60 away from here you
id scoundrel;" deceased made some reply in
low tone; Herbert got up and advanced toward
deceased; deceased then walked to another
table, and witness commenced reading again;
does not recellect the exact position Of the Ia
BILE; as deceased walked around the table he
picked up china plate or silver plate, and
says to Herbert, "You are a id son of
bitch;" Herbert rose up and seized chair;
witness thinks the plate and chair were thrown
about the same time; then deceased came
around the table and clinched Mr.. Herbert;
witness then heard noise in the upper part of
the room; saw good many servants, as be sup
posed, coming down towards Herbert; they had
dishes, and one or two had chairs; witness had
chair in his hand at the time, and tried to pre-
vent them from getting to Mr. Herbert; witness
struck one OF the men and the chair was broken;
then two or three passed him went after an
other chair, and when he looked around about
f6ur Of them had hold of Mr. Herbert; three of
them attacked Witness thinks all of them
were walters; after witness got through with
bert, and the others appeared to be getting
chairs and plates; started towards Herbert and
one OF the men came up towards witness with
something In his hand, could not say what !;
witness struck him with a chair; when witness
got within three PAGES of Herbert the pistol
went of; at that time one man had hold of
Herbert on one side and another on the other
side, while another was beating him on the
head with chair; Pat Heating had hold Of
RI n ha TINA Of h. ~
let 60; witness struck Heating with chair;
thinks Herbert did not strike Heating with
his hand; thinks there were no napkins
on the table; only one shot was fired
the pistol used belonged to witness; wit
ness had left the pistol on the mantel in
Herbert's or Graham's room; they were
going to walk out a night or two before and
Herbert put the pistol in his pocket; was with
Herbert all the morning Of the affair thinks
Herbert was not in the habit of going armed.
Gross examined Deceased said nothing
when he came up, but appeared displeased !;
the pistol was a short Deringer pistol; as Her
bert advanced towards Heating he had the
pistol in his hand, but put it up afterwards :;
Herbert was in the position Of sitting down
when Heating called him id son of a
bitch" is positive that but one shot was fred
and that no cap exploded.
Upon the conclusion of Mr.. Gardeners tes.
timony the court took recess of twenty min
utes. During the recess Senator Butler en-
tered the room and took his seat with the
counsel for defence.
TIE CAPE DE VERDE CoNrRIBUrroN.-The
treasurer Of the fund for the relief of the
famished inhabitants Of tho Cape de Verde
Islands, since the last acknowledgment, has
received the following sums, the amount OF
all which Is on deposite with Messrs Riggs &
Co.: Per Callan, Esq, of the Fifth Ward
committee, from lady, $50. Per John p
Ingle, Esq of the Fifth Ward committee, viz:
John P. lngle, $40; Joseph Ingle, SO; A. D.
| shall, 50 so; John NJ. Brodhead, SIS: VIM r
Phillips, 81 Thomas P Trott, ST; D. W.
Middleton, 50 so; John Purdy, SO; j Tx,
81; II. Brown, 81; A Baldwin, ST.: Charles
McNamee, $1-S55 Per W. Reed, of the
Second Ward committee, for himself, SIS. Per
U. Z. Wight, of the Fourth Ward committee.
ladditionaD viz Jas. P. Tustin, ST.; Moses
Kelly, 50 so; T. j. Magruder, 81; Miss Ruker,
Cash, without name, 81 $3.50 75 Per DR..
ladditionaD Mrs. DR.. M. S Clymer. from a
| friend, So. Cash entered in book left in
Banking house of Messrs Riggs Co So so,
Per Capt. +. Forrest Of the Sixth Ward com.
| mittee, viz: First instalment collected bv
DR.. WEIGH from the employees in the NAVY
Yard, names not furnished, $50 AZ. Per
W. j. Rhees of the Seventh w ard committee
(additionaD without name, 81 Is. Entered in
the book left at the store of Messrs GRAY & Bal
| lantyne, Seventh street, viz: John P Wheel.
er, 81 so Presley Simpson, 81; J. Wheeler
81. Total 81 So
COURT OF CLAINS.-Y esterday, Chief Jus.
tice Glchrist delivered the opinion Of the
court ia the case Of Mary Reside, executrix Of
James Reside; favorable. Bill ordered to be
reported Judge Blackford dissenting
Chief Justice Gichrist also delivered the
opinion of the court on thesrehearng of the
| case of Letitia Humphreys, affirming the for.
mer opinion of the court
Judge Scarburgh delivered the opinion Of
| the court in the cases of Isaac Swain as the
United States and j. ID. Beur az. the United
States; favorable. Bills ordered to be re.
ported.
Judge Scarburgh also delivered the opinion
| of the court in the cases of Hezekiah Thistle,
No 332, claiming compensation as timber
| agent; also, No. 334, claiming compensation
as the inventor of a pack saddle. Order to
take testimony refused in both cases
In the case Of Thomas M Naude, the court
| ordered favorable bill to be reported
ONE WAY TO LIVE WELL.-Complaint was
| made yesterday to Justice Stevens, that a
certain woman named Georgiana Peterson,
| had been going about the city obtaining goods
| stopping at the hotels, boarding houses. &C.,
representing herself as able to pay her ex-
penset, but failing to do so when requested to
| settle her bills She dresses very finely, wears
gold spectacles, has two children, says she has
| brother in South Carolina who furnishes her
with money. She was arrested as q vagrant
| and taken before the magistrate, when scene
| occurred that we shall not attempt to describe
She went on her knees to invoke the curses of
heaven upon all concerned in her arrest The
Justice would have sent her to the farm, but
for the difficulty of disposing of the children.
She was allowed until noon to-day to obtain
security that she would not become charge
able to the Corporation, or to leave the city
She has been noticed before by the officers,
who had been Watching her as cnuspiciOus
person. She has been in this District some
months.
LOUISIANA CLUB.-At meeting of Louis
| ianians now residing in Washington, held at
the rooms Of the Hon. I. g. Davidson, on
Thursday, 10th inst, for the purpose of form