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

pancies in the testimony of Patrick Heating,
a. given at the Jail and on the trial.
Mr. Bradley asked Mr. Smith If at the pre-.
Iiminary examination Of Heating at the Jail
he had not sworn that it was not the first shot
that killed his brother?
Mr. Smith was proceeding to read from his
notes of the evidence at the examination, when
Mr.. Preston raised an objection. Mr. Smith
vss asked TO step aside, and Patrick Heating
called to the stand He recollects being ex.
amined at the Jail, but does not know by
whom. Nobody gave witness to understand
that they were taking down his testimony
He had said at the jail that he was positive
that it was not the first report that he thought
was a shot that killed bis brother; did not saw
that the shot was fred before witness saw the
cook; had said before the Justice that he did
not know in which hand Herbert held the
pistol; recollects stating positively that he
was not in the room when his brother was
killed; did not tell the Justice to put in
3 word or take out a word; what he said in
substance before the Justice was that the re-
port, which he thought was the report of q
pistol, was not the one that killed his brother.
archibald Quantr,H called.-Was at Viii.
iards' on the 9Th of May; was standing in the
reading room at the files; heard a noise, q
movement Of feet, and the breaking of crock.
erJ; it occurred to witness that a fight was
going on, saw persons passing towards the
dining room; witness went in the dining room;
saw several persons engaged in a struggle;
there may have been four or five persons that
he considered absolutely engaged in the strug-
gle; all passed rapidly; discovered one man
bent down in the middle Of the group with
his face turned towards Fourteenth street; he
was bent down, no doubt about that; very
soon the pistol was fred; it was fired in that
group; outside Of the group an individual had
chair raised with which he struck twice,
perhaps three times, breaking the chair; saw
no separation; witness having no particular
interest in the parties, and finding they were
using pistols, thought it was prudent to with.
draw; turned to 90, and as he turned saw
man draw out from the group Immediately
after the firing Of the pistol; clerk of the
house came in and said "clOse the doors,
close the DOORS" witness stepped out and
took q position with his back to the reading
room door; very soon Herbert came out and
passed witness; his nose was bleeding; some
thing was handed to him by somebody, per-
haps his hat: believes it was Herbert in the
group; his impression is that Herbert was
bent down when the pistol was discharged;
did not see any person like the cook in the
group, nor any attempt to separate the par
ties; did not see any hand raiaed to strike, ex-
cept the enc with a chair; Herbert appeared
exhausted and agitated as he passed out.
Cross-examined.-Did not see the pistol
6red, nor the pistol itself nor the smoke, mol
who fired it; heard it fired; there may have
been four or five engaged in the conflict; re.
manned in the room until the clerk ordered II
closed; saw nothing occur Immediately after
the pistol was fred, but the drawing out of the
individual from the group; did not see any
blows stricken after the pistol shot; turned t.
leave then; heard but one shot; smelt no gun.
powder
Justice Danta Smith was called to the
stand, and read from his notes of the evidences
taken at the Jail the testimony Of Patrick
Heating; the interlineatiOn in the testimony
of Heating, to the effect that he was positive
che first shot did not kill his brother, had beer
made by witness in consequence Of question
by Mr. Weller or one of the counsel, and Il
which it was the answer Pat Heating did mo-
make any qualification of his testimony be
fore witness
William f. Gardiner sworn Was at vii
lards' on the 9Th Of May; went over Their,
with Herbert about twenty minutes past II
for breakfast; they took q seat at the table;
boy came up, and Herbert said bring US some
breakfast the boy started off, and before b,
came back Herbert went out, witness does no
know whore, and brought back two papers
he kept one and handed witness the other
they sat there about twenty minutes witnes
thinks, but it might not have been so long
the boy came with portion of the breakfast
Herbert said make haste John or Bill, or SOM
name he called him, make haste, I'm in
hurry; twas some common name he calleC
the boy; might have been Tom or Jack; tn
boy went Of, and in q short time came bacl
and said you can't get any more. breakfast
it's too late" or something like that; Herber
said = go and get some breakfast, You d.
scoundrel you ~ the boy went of; deceased
came up, and witness saw that he was in
bad humor at Mr. Herbert on account of wha
he had said to to the other servant; decea SCI
did not speak, but witness supposed that wa
the reason of his i'll humor; deceased walked
slowly over to the long table; Herbert said z,
ard get Us some breakfast; deceased said W,
had one servant waiting on US and that wa
enough; Herbert said go and get US som,
breakfast or go away from here you do
scoundreli" Heating said something in low
tone--don't know what, Herbert raised a
this time and proceeded towards Heating anC
Heating went towards the second round table
between the table and the wall; Herber
walked back, and was about re-seating him
self; this man Heating went around the table
and picked up two plates-one china and the
other silver-and says to Mr. Herbert ''you are
id son of bitch;' then Herbert elevated
himself and took hold of q chair by the back
part of il; lie elevated the chair in q position
to throw il; whether he threw the chair first o,
Heating threw the plate witness cannot say blu,
thinks they were thrown about the same time;
the attention Of witness was drawn by noise;
be turned and saw a good many persons, wal
tiers as he supposed, coming down the room;
he thought they were coming down to attack
Mr.. Herbert; witness struck one Of them with
a chair and the chair broke; witness wen,
around TO get d chair and three of the men
passed him witness tired to prevent two men
from getting at Mr.. Herbert; Herbert was
struggling with three men for a time; the
next be saw Of Herbert two men had hold OF
him; witness started towards Herbert and q
man started towards witness; witness fooled
away amongst the tables for a while and when
he looked again there was a man on each eide
Of Herbert and another striking him with a
chair when witness got within few PAGES Of
Herbert q pistol went of; two men had hold
Of Herbert and another was striking him with
chair; the struggle was going on when the
pistol was fred witness was about three or
Eve PAGES CT; deceased had not fallen and
witness thought Herbert had missed FIRE wit
less struck one Of the men-the one between
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