Evening star. [volume] (Washington, D.C.) 1854-1972, 1856-07-22


world how many blows he (witness) struck;
TO Preston,) "a man would be apt, you know,
TO strike as many blows as the occasion re-
CURED; Preston" that would depend upon
his disposition" Gardiner-"O, yes /! forgot
about that" did not see the pistol fred; did not
see the fash or smoke of it; heard the report
and that was all; witness is twenty -four years of
age; weight about $50 or 152; height about
six feet; the last time he was measured was
six feet, but had on boots with higher heels
than at present; roomed in the same house
with Herbert at that time; thinks he got
here on Monday or Tuesday evening before
the ARRAY; has known Herbert fifteen years;
were both natives of the same State, Alabama
In answer to a question by juror, the wit.
ness said that the portion Of the breakfast
brought to them at Wizards was what IL
called "middlings" in the country they sat
about twenty minutes before any breakfast
came.
Mr.. Walker said that the counsel for the
United States announced q purpose to bring
in rebutting evidence, and wished to know
what was the disposition Of the Court in re-
gard to going further with the trial that
| evening.
The Court said it was for counsel to agree
| amongst themselves in regard to that.
After some debate 1t was decided to refer
the question of going on or not to the jury,
| and it appearing that one Of their number
| was i'll, it was concluded to adjourn until 10
o'clock to day.
| SIXTH DAY.
| At quarter past 10 to-day the prisoner was
brought in and the list Of jurors was called
all answering to their names
| Capt VIC Corrie called for defence
Left the National hotel in company with Col
Mckay on the morning Of the ARRAY, and
proceeded to Mr.. Herbert's room to see Col.
Graham; on the way, Col. Mckay stopped at
Calls for his watch, and as he came out he
| gave witness the time; the time he gave was
| either seven or eleven minutes of 10 O'Clock;
Col. Mckay went to Willards' and witness
went over to Herberts room; when witness
| arrived there Graham was out; was at Her
bert's room some fifteen minutes, and Herbert
and Gardiner left him to 60 over to Willards' ;
| this could not be more than twenty three
minutes past 10; Herbert seemed to be in
hurry, so much so as not to stop to introduce
witness to Gardiner.
Cross-examined -Galt's witness thinks is
about quarter of mile from Willards; was at
| Herberts room before 10 o'clock did not see
time piece after seeing the time at Galt's :
it is more conjecture that he was waiting at
Herbert's 20 minutes; supposed he was at
Herberts about twenty minutes before he
came down, and witness talked with him about
three minutes. making the time about % min.
uteS past 10; Gardiner was in company with
| IcIutIt 1t ludt tlme WHICH III the front par
Tor below; saw Herbert come down the stairs
with Gardiner; Herbert did not enter the par
lor but walked out the passage and witness
hailed him.
Col. Mckay was at Willard's on the 9Th
of May; left the National Hotel, walked up
to Willard',, calling at Gslts for his watch;
it was then either seven or twelve minutes to
ten; Mr.. Inge was not in and witness went
over to Herberts room; was told that he must
have met Herbert. as he had gone over to
breakfast; went back to Wizards; this could
not be more than twenty minutes past ten !;
heard a noise in the dining room, and walked
in; saw general melee of persons; supposed
at first ii was melee of servants, and did not
feel interested in it, not caring which whip
ped turned to 60 out and saw a Vaiter strike
Gardiner with chair; retraced his steps,
knowing Gardiner; saw one man held by two
men, one in front and the other In the rear
I while third was beating him with q chair
three men were beating one man; saw a fourth
man going out of the room, with his hands
holding his head; this man was going out
, through the pantry door; he was leaving the
group; the struggle was evidently to get the
man they were beating out Of the door; wit.
ness seized chair TO go to the rescue of this
man, who was being beaten, upon his knees
; by three. the man beating Herbert broke one
chair, and picked up a second chair; witness
picked up chair and approached almos,
stIiklnR INSTANCE, Wn6n ne heard the
! report Of pistol; the crowd then separated
and then witness first recognized that the per-
son was being beaten; the man in front was
the man shot; the two other men, after 9
moment, rushed on Herbert again, and Gar
diner and Mr.. Smith went to his assistance
Mr.. Smith threatened them that if they did n,
loose that man he would strike them; witnes.
: | told Mr. Herbert to come and 20 home that
ne lwitness) was very glad the shot had not
7 hit; then witness saw the blood Jet out from
the man shot, and knew the wound was fatal:
, | witness then told Herbert to 20 and give him.
: : self up to magistrate; Herbert was 80 much
! exhausted that witness told him TO lean upon
him; walking down the room heard WON an
screech twice; saw a woman dressed in a nur.
: pie woollen dress, and a man dressed like a
cook standing by her; witness told Herbert to
: lean heavily upon him, and hurried him over
to his room, and would not permit to dress him.
self, but took him at once to the magistrate;
Herbert was wounded upon the nose, and
upon the head and back, and his clothes GOV.
? cred with molasses; had known Mr.. Herbert
! since lo49 in California; first recognized Mr.
' Herbert after the discharge of the pistol, when
the crowd separated, and Herbert threw on
his coat lCol Mckay here arranged a ia
bleau, grouping various persons to illustrate
the perilous situation in which Herbert was
situated at the time of the shooting, and in
so doing placed the subject designed to repre-.
sent Herbert, in very distressed position in
J | deed; so much so, in fact, that he declined
being operated upon, and backed out precpi
|. lately.
The witness was proceeding with his evi.
dence when Mr.. Preston objected to the wit
ness saying what was evidently the design OF
the persons struggling with Herbert lie
might state what ne saw, but not what he in
ferred
The point having been argued by counsel,
the Court decided that the distinction In ade
was rather NEUTRALITY-SUSPICIOUS. of words-than
otherwise.
Witness The whole struggle Of the three
men tended to press the one man toward tho
door; considered Herbert's situation preca-
rious when witness went to them; no person
dressed in white interfered to separate the
parties; observed dust On the lower portion of
his elsthes, and the upper part of them COM