The Richmond palladium and sun-telegram., 1907-05-02
DAVID HERBERT IS
GIVEN SEVERE DOSE
Probable That in Addition the
Grand Jury Will Investigate
The Assault Charge.
WIFE TELLS A SAD STORY.
HER RECITAL OF TREATMENT AT
THE HANDS OF HER HUSBAND
WAS ENOUGH TO MOVE THE
HARDEST HEART.
TELLS A SAD STORY.

BY the testimony of his wife, whom
he had placed on the stand to prove
his innocence, David Herbert was con-
victed in the city court of intoxica-
ton and disorderly conduct and given
a fine of $25 and costs. Prosecutor
Jessup states that the grand jury will
be called upon to investigate the
charge that Herbert assaulted his wife
and ten-year-old daughter Tuesday
night, at which time he was arrested
for intoaication by Officer Golden.
The prosecutor also stated that it is
probable Mrs. Herbert will bring suit
for divorce Herbert has twice before
been arrested and convicted. once for
assault and battery and once for
drunk. He completed serving his last
term in the county Jail only two
weeks ago.
When Herbert was arraigned in the
city court Wednesday he entered a
plea of not guilty to the charge of in
toxication. This morning he made a
reformed and was mo- longer drinking
to excess and that the day he was ar
rested he had only had dimes worth
of whiskey and glass of beer. Mrs.
Hayworth, who keeps the rooming
house where the Herberts live, corner
North Nineteenth and F streets, testi-
fed that Herbert was badly intoxicat.
ed Tuesday night. Officer Golden
stated that when he arrived at the
Hayworth home Herbert was yelling
out of a window and when he saw
Golden, demanded that he bring his
daughter from a neighbor's home.
Wife Tells PitifuI Story.
The prosecutor then asked Herbert
if he wished to have his wife testify.
He said that he did because she
could prove that he was not intoxicat-
ed. Mrs. Herbert took the witness
chair and on being asked the direct
question as to whether her husband
was drunk on Tuesday night, she
gazed appealingly at him for a NOM
ent then said: He was under the in
fluence of liquor" The little woman
continued in a bitter tone that her
husband should have known better
than to place her on the stand as he
knew she would tell the truth She
was reluctant to testify concerning his
assault on herself and the little girl.
THE truth is you are afraid to testify
against him. Is that not so?" asked
the prosecutor. NO sir. | am not
afraid of him but / do not like to do
so. When he gets under the influence
of liquor he nearly always threatens
to commit suicide and not long ago
he told me If he was ever again sent
10 Jail he would kill himself and you
know no wife, no matter how low
down her husband is. would care to
do anything which would cause him to
kill himself replied Mrs. Herbert,
looking pitifully at the court.
She then said that she would tell |
everything and the tale she told was |
one to move the heart of the hardest |
She stated that her husband had /
struck her Tuesday night. not hard |
enough to hurt. and that he had slap /
ped the little girl, who was Ill and of |
nervous disposition. being at one time /
with spinal menengitis. |
She said that the child was now under /
a physicians care. Mrs. Herbert /
stated that she worked out to assist /
IN supporting the family During Her +
bert's term in jail Mrs. Herbert and /
her two children will be cared for by .
he authorities.
~. - -