The New York Herald Newspaper, July 13, 1856, Page 7

NEW. YORK HERALD, SUNDAY, JULY » 19, 1856. THE PARISH WILL CASE. nner Surrogate’s Court. Before A. W, Bradford, Eaq. 4, @ROES- EXAMINATION OF DR. DBLAFIELD CONTINUED, Q. What was the first of these symptoms which appear- ed? A, Failure im strength ang loss of appetite. Q. Do you mean to say that these appeared at the same time, or w give one of them the preference) A, At the game; time avd about six or eight weeks before his death. . Yousay that you saw him walk occasionally without ios of any other person, employtng the crutch and some article of furniture and such like thing—about how often did you see, that according to yourjbest recollection? 4. I can fix no number of times—several times. Q. When he used a crutch, please to describe how he em- ployed it? A. He used it under.the left arm, the sound arm, guided by that arm and hand, a servant standing op the sume side, his wife on the other, lifting bis foot in the same manner I have once described; this was the earlier mode of doing it; at a later period he would go only with one person, on which side I w ll not pretend to say. Q. Did you ever see him use the crutch other- wire, whether he had the aid of another person or not, than’ by putting it under his Jeft shoulder and guiding or holding it with his left band? A. Never. Q. When he moved about with the aid of his crutch and also the aid of some piece of furniture, or such thing, and without the aid of any person, how did he derive aii from the piecb of furniture? A. By leaning against it; and there was also a period, which I dave alreacy stated, when he bad a little power of the paralyzed hand Q. Do you mean to gay that on any of the occasions referred to in the last questiou, he placed his right hand on the articles of furniture, and thus derived aid or support from them? A. lam not clear about that; be supported himself by the furniture or whatever article it was, in some way; that, i know, but whether by his elbow or how, I do not mean to say; he then had a good deal of power in the right leg. ©. Have you any recollection that in this moving wi:bout any person he ever derived any aid from apy articie by his right band or arm in any way? A, Not from recollection, but he must have done so; I did pot examine the thing carefuy to see what muscle be used at that 2. You have mentioned that Mr. Parish wept at how early a period of bia Ill- mess did you discover that? A. Very early, is my im- eswion, as soon as he becan to see his old friends, say Baring the first winter atter he was attacked. Q. Prior his iiiness you tried to control his appetite; did you do 0 in any other way tan simply by addressing him? A. Yertainly not. Q. In what way was his health affected ior to the attack, by his over indulgence in this respect? . It encangered the recurrence of the apoplectic eigures that he previously had. Q. By what immediate widences, Warnings or occurrence did that danger maai- est itself? A. By the fact of his having had these attacks. Q. Lid you intend, in speaking of his appetite, and your forts or adyice to restrain it, to refer to the last men- med period? A, Yes, that ad well as the previous one, h. During that period did you, by alvice or otherwise, tempt to restrain his appetite? “A. I did, whenever an byportunity occurred, in consequence of slight indisposi- ms, for which I would prescribe from time to time. Q. Pun you state what was the nature of these slight indis- ositions? A. I cannot distinctly. Q. Were they in the wire of what is called vertigo, determination of the ood to the head, and like symptoms? A. I think probable, but I don’t recollect; so far as I ro- pember, more of the symptoms were those of me fort of indigestion, which poate endangered his rain, Q. Shortly after his return from Europe were you nt : Hf ‘aden: Baden? . T soon learned it from some source, no doubt from rg. Parish. Q. Please to describe that illness as you ere advised of it atthat time? A. Ido not remember the is, but that he had an attack like apoplexy, so as to unconscious for @ short ti I knew ing more. Were you informed at that time whether it continued ye? A. I do not remember. Q. From the judged it to be serious, dangerous and hore severe than anything he’ previously hsd. You b said that you never saw a commencement pasms. Did you ever see Mr. Parish during the nce of the convulsions? A. The convalsion pro- ‘Would pass in a few minutes; certain convulsive tiong, consequent upon it, would last some hours, which would see. Q. Please to state bow the paroxysius came Fed all the symptoms as they were reported to you time by the attendant? A. They would commonly pme on suddenly; there would be some sudden noise in throat, sometimes resembling a shriek or scream—bis ‘would redden violently, the whole body would be pnvulsed, and if not supported he would sink dowa. Did you understand that bis body or limbs became id? 4. The conyulsed muscles became alternate- rigi’ and relaxed. Q. What was this convulsive Ption, lasting for several hours, which you witnessed ? 1 would tnd him lying on a couch in a state approach- , sometimes absolutely insensible, with sed limb most commonly twitchiog, jerking— <8 sid so more or less, the paralysed one the most wi Were these spasms preceded for any sensible h of time by what might bo called premonitory symp- . which persons about him could naturally become ac- me, he was always mucl uncomfortab) heed a paroxysm to be approaching or near at hand? A. hid so, but got the information mainly by inquiry. Q. you at any time remain with him in order to see the oxysm and ascertain the precive way he was attacked’ No. thie condition wag for some preceding days. Q. there any unpleasant or dangerous action of the jaws teeth connected with these paroxysms/ A. Injury the tongue by the teeth arising from the convulsive ition of the jaw, unless provided ainst by in- rting some substance between the tecth, for which I cs dl a piece of soft wood to be always at hand to be d between the tecth. Q. Was this what you call a disease? A. It is commonly classed as a nervous Q From what nervous centre is that disease posed to result? A. The brain. Q. Did you consider convulsions to be connected with the general apo- hetic disease ot Mr. VarishY A. It would be more pro- ir to say they were connected with the condition of the left by the apoolectic attack. Q. Were these con- sions of ; reater or less violence at their recurrences after 1g intervals than when they occurred frequently? A. I werally not greater. There was no material dilfsr- ce. Q. Will you be so good as to state the medical name, d give the proper medical scientific description of these ems? A. They would be called simply conyal- ns, whether epileptic or not wonld give rise to diffe- hee of opinion. Q. Except yourself and your partaer, |. Markoe, Was any other medical man ever called in consulted with, in reference to these spasins? A. I re- }mber no other. Q. There was a period in his illness you thout it not of sufficient consequence longer to train bim in respect of the indulgence of his appetite food: about what time was that? A. About the last bteen months of bis life. Q. Why did you then think o longer material to use such restraint? A. He bim- ‘gradually insisted vpon and did eat more, and this burring some time before I knew it, and he none the irse for it, I — him no furtheryon the subject. @ lw soon afer the attack had Mr. Farish the use of his arm? A. As he recovered strength in his boty geno , that quickly returned, He had some use of it, 40 as Bow it wan Bet paralyeed, ina day or two. Q. Was arm over rileeted by the paralysis, or affected bj iliness beyond being simply weak, when he was bi suttoring under some of his special sicknosses? A. It | Was the left leg in any measure or dégroe in? A. It was not. Q. How long it after bis attack that f first supposed he Induce you to make trials A. From eighteen months and Masical. mLo’s Ganors.—Another fine aadience greeted Miss 4 Stanley, in her elegart drawing room entertain- the “Seven Ages of Woman,” last evening. Mr. w night, with ig! Ne Robert and ballet troupe follow in ‘ Les Abeilles,” and the whole es with the comic pantomime of the “ Magic Tram- *» Jending characters by the Ravels, vweey TimaThe. —This theatre was again fall to over- with the author as and his lady as Susan Ni ', Supported by Messrs. and Whiting, Mme. Ponisi, &c. “A Day in Paris ’* , with Mise the versatile heroine, and closes with the “ Forest Rose.’’ oapway Vanicrime.—Owing to the flattering success juveniles in the great drama of “Ingomar, the Bar- ‘the managers are Induced to tender it for repeti- to morrow evening. Misa Louive as the Barbarian, as the Grock Maiden, and Master George as the ay Pods dor have added fresh laurels to their fame liste, already high on the ladder of fame, and who to eventually stand on unapproachable ground. en's Eurree Hats. —Keller’s tableaux are still ‘the and connoisseurs. spectators. ou Trmatee.—Mr. Dédos, the director and principal of the French theatrical company, has taken Hall, 689 Broadway, where he proposes to give a of dramatic entertainments, the first of which 1s to to-morrow re ‘Cxar de Russie Charpentier, or le rgmestre de Decouverte de |’amerique,’’ and “Sous on Maa, Mrreett.—A benefit is to be given the of the late popular mat of the old Olympic, at Garden, (Wallack’s theatre,) to-morrow ieee, the versatile actress, Bourcteauit, the favorite author and actor, and and enter- inimitable delineator of eccentricity, , ie to perform in ix of his haracters this week. To-morrow evening he per- the facetious deorkeeper, in th: T Maequorade in which a nomber of ieetons '# and other cele- dramatic leroes are juced in colored a'tire. dances and burlesques will precede the farce, as Mixerrats.—That Dorr GALLERY —The collection of paintings in this ly is the largest and nest an this continent, and is Ty respect worthy the attentiea of citizens and rs. TO AN AcTRes® —Migs Celia Logan is now de. at the Mammoth Cave, Kentucky, in consequence Spraining one of ker ankle joints, while ex- cave. Britieh ship Lady Franklin arrived of Porto d’An- iy, on the evening of the Sth wit., when Mr. vane, nor, the mate, and three men went on share to inquiries, but, finding that they had landed ‘angio and not at Giumicino, as they had expect ere arrested by the Custom House soldiers landed without due authorization, ef Hon. Herbert, of California, for the ameter of Thomas Keating. {From the Washington Star, July 10.) ichbay, wa apest is seciring «Quy and t site este was uring a jy, a hour and atter a warm chase for materiaMin this city and in Georgetown, o ps assist- ants,” seubeidut asm uA of anes. ba) Pong nord Some ninety persons n brought fn an before Re list Wns finally completed, Those called afer we went to press yesterday were mostly disqualified through haying formed or ‘expressed opinions, Elijah Edmunston was excused on the score of illness, as was Charles B. Maury; Henry ©. Purdy was disqualitied, not being twenty-five years of age; Wm. D. Sanford was ox- cnsed, on the ground of his entertaining conscientious scruples in regard to capita) punishment. The following {s the jury obtained:— Edward M. Edelin, Nimrod Garretson, Jobn T. Bradley, Heury Wilson, Jobn Scribner, Robert Cohen, Enoch Moreland, Joha F, Bridgett, John Sessford, Jr., Peter F. Bacon, George W. Cochran, Heury D. Gunnell. By consent of Court’ and the agreement of counsel eleven jurors were sworn in, end the last (Mr. Gunuetl) ‘was accepted but not sworn, to the end that the jurors wight be enabled to spend the night at home and make the necessary arrangements for their absence therefrom during the tial, Shortly after 10 o’clock this morning, the prisonner was brought into court and placed in whe prisouer’s box. Proper precaution bad been taken to secure ventillation by throwing open the windows and doors. Within afew minutes after the opening of the court room, it 'was filled with an audience whose deep interest in the proceed Was mapilested by the silent tenacity with which they retained their tiresome stancing positions, ‘On request of the counsel for defence the space between the prisoner’s box and counsel was cleared. in order to facilitate communication between them. The nares of the jury were called, and Mr. Gunnell, the twelfth juror, sworn in, A telegraphic’ despatch having been received last last night, from the friends of the Keating family in New York city, to the effect that they had been unable to se- cure the counsel desired in that quarter, at a late hour Inct right J. M. Brewer Esq., lute of Montgomery county, Md., was retained for the prosecution, and this gentleman ingly took his place this morning by the side of the Dietrict Attorney. Witnesses for the p: osecution were called and sworn in. By order of Court ihe witness. were then removed from the room, Mr. Bradley, one of the counsel for defence, claimed that the rale should not apply to certsin witnesses who had been called by the defence, yiz.; two or three Jus- tices of the Peace and a member of the Senate, to impeach the testimony of witnesses for the prosecution, who had testified on the preliminary examination, The position was opposed by the District Attorney, and the rvling of the Court was in opposition to the claim of defence. ‘The case was opened by the District Attorney, Mr. Key, who. addressing the jury, proceeded to de ail the sub- stance of the evidence to be adduced for the prosecution. He went on to defige the difference between murder and manslaughter, quoting from 1 Russell, pp. 481, 613, 519, also from Archibald’s Criminal Law, to demonstrate what exenuating circumstances alone can be urged against a charge of murder, aad summed up the principles of law by which the jury should be governed in this trial. Mr. Ratcliffe followed for the defence. He contended that undue excitement had been raised in regard to this case by those who. from their position, should have known better. Mr. R. procecded to indicate the line of defence to be takep, and ‘read from Russell and Green- leaf’s Evidence to show the law in cases of justifiable ho- micide in defence ot person or property. He concluded with an outline of the evidence to be produced for the de- funee, _ which he claimed should result in » verdict of acquittal. . Thomas Miller was sworn for defence.—Saw Thomas Keating just before he died; this was about noon; he died ia a few minutes after; he had the body removed to the Ivfirmary, and the uext day made an autopsy. Dr. M. proceeded to describe the position ef the wound. He Diseltened; there was ‘profuse hemorrhage, a. wast ; there was a t & wasa- basin full of blood; the ball passed directly backwards, and was imbedded under the shoulder blade; the ball went through directly horizontal; he had com the line of the ball afterwards upon a skeleton, and course it had followed was a perfect plane; the wound had occa- signed death; the deceased was a mascular, large sized man, in full vigor; should judge his weight was in the neighborbood of 200 pounds ; bullet was found under theskin; it was a large bullet, a Deringer bullet; witness readily passer his little finger {ato the wound. Patrick Keating sworn—Is a brother of the deceased; knows prisover; was present at the shooting at Willard’s; thinks it was 8th of ;.Was in the kitchen; several peri ons came to him and told bim that Mr. Herbert was beating his brother in the dining room; dida’t think the matter was 20 bad ag it was; he went into the dining room, and on coming in saw Mr. Herbert in the position of striking his brother with a chair; thought it was in his power to please the gentleman; took from one of the square tables a pitcher, which he ' supposed to have milk in it, and a sugar bow!, and ceded towards Mr. Her- bert, showing all the marks, he could, at the same time, of humility; Herbert turned towards him, and advanced towards him in a very fighting and bold attitude; witness approached him ina very remonstrating tone to let him know ttat he was come to pacify him; prisoner had a pistol in ove hand and a chair in the other; witness began to be reriousiy alarmed; Herbert hy mga him hur- riedly and withess clinched him, striving to protect him: self from the pistol; the pitcher fand sugar bowl which he beld in his hands he does not know what he did with, but thinks that in grappling they fell to the floor; the palm of witness’ hand met the muzzle of the pistol, and a small portion of the tesh was torn from it; witness was alarmed apother gen iemanly woking man sti the bead with a chair, and continue to strike him and his brother promiscuously through the struggle; the blows which witness received on bis head, and the Inter- ference of the French cook, caused hit to loose his hold on Herbert; from a report which he beard, and sa; was the shot of a pistol, and from molasses strewed over his coat, and which he supposed was blood, he was afraid it was @ shot, but coule vot ascertain; this was be- fore they were separated; dui this time he saw no fr in the room in the shape of a guest or gentleman ut Mr. Herbert, Mr. Dubois, the Netherlands Minister, and the gentieman whom he supposes was Mr. Gardiner: when witness was separated from Herbert he knew there was no way to save himself but to run away; turned to his brother, eried out Marder !"’ and told him to got away; succeeded in getting between Mr. Herbert and fe wall, ‘which evabled bim to run out of the room; aftor some time be came back, and then his brother was shot; couldn't ho in the room: his brother was being ost power of himeelf, and does not remem. after, when first saw Herbert striking his brother, Herbert and his brother were standing, wit- ness supp near the south door, about the third table; the tables are round, separate tables; said uothing to prisoner but “ Mr. Herbert,” in a low, humble tone; me brother ‘Was standing near the wall on the inside of ¢ table. The witness, on cross examination, proceeded to show the position of the diningroom and kitchen at Willard’s, ond of the tables; the round tabies are aloag tho cast sige of (be room—along Fourteenth street; bis brother and Herbert were wot clinched when he came in the oiningroom; when witness entered the room Mr. Gardi her Was standing up as if entering south door; does not recollect striking Mr. Herbert over the head with a mo- lnwges pitcher; states positively that be did not strike Herbert with snything; did not observe any marks of wounds on Herbert; had no intention of interfering in the® affray when he entered; went in the room for the purpose of pacifying Mr. Herbert; witness grasped the pistol with bis right hand; witness demed the accuracy of the report of the evidence given by him at the Justice’s examina- to bin by Mr. Bradley; no one had joined » raise funds to employ counsel. The point was argued by the District Attorney and the cnuusel for the defenes, whether the witness could be questioned if the fee to be paid the counsel for the cution was a contingent one. The Court decided that the question might be put, which, being deae, the witness answered in the negative. In the course of the sharp cross-examination wi the witness received at the hands of Mr. Bradley, Mr. B. put the question where the brother of witness received his wound. The witness replied that be beheved the post mortem examination showed it to have been on the breast: (Laughter.) Joh Kdbright swora—Was present at the shooting at Willard’s ; caine into the dining room as Mr. Herbert sent Jor bis breakfart; a pact of lis breakfast was on the table; the young man who went for his breakfast came back e could not get him breakfast; this boy (Jerry Riordan) came over to the second head waiter to find out rts name in order t get an order; Mr. Herbert told Riordan to go out of the room, and called him a d—d Irish eon of a b—h! Herbert turned around to Town Keat ing, who was about three yards to the right, and repeated the same words, and told him to clear out; cannot say if Tom Keating made any reply; Herbert struck Keat.ng; Keating was turned with his back towards Herbert; Her: bert struck him on the back of his meck with his list, in pe ee -] Keating went around the table and picked up a ; Mr. Herbert picked up a chair and threw it at deceased; then deceased threw the plate at bis breast fired deliberately; deceased x his breast and said he was , he said he was dead, and asked witness to send for the clergy; Mr. Dubois, the Netherlands Minister, was sitting at the table, and ne’ stirred when the pistol was fired: afterwards he up and asked if the man was dead; after the shot, sot gentlemen came tn and hurried Herbert out of the room; witness thinks this obcurred about half-past 11 o'clock | the usual hour for beginning to clear off the breakfast things at Witlard’s was 11 o'clock in the morning ; the ey be tea and ” table fot been cleared off; the 4} lands Minister was the only person who ow bom fasting nee time Bervert entered; when Bereors stood up to strike eating witness pase over in that ee a ie went off witness was conor two from the parties; ee soon as Herbert saw Herbert) HH tol he follow: was the hi waiter at Willard’s and Francis Maynard was the second waiter: time of the affray Maynard went to call Mr. Willard; Gardiner ent room in company with Herbert; he and out, and came in again when noise wi and plates; the molasses was spilt upon Herbert Keating's coat; the molasses pitcher was broken in the Feuille; saw no mark of bleod or wound upon Herbert; enw deceased throw a plate at Herbert, but thjuke it aid right hand rateed the 4 ceased; witness did not take ony in the ed ‘women were in the room at the % of them squealing outside the dining not been at Willard’s more than threo of the affray; Riordan had 8; deceased did not tl threw the chair; he had the plate Herbert struck him with his fist, and made two motions as il to throw it, Dut hesitated. Frederic Warren sworn—Resides in Boston; was pre- sent at Willard’s at the time of the affray; was passing the door of the dining room; saw Her! and a waiter en aged in some kind of trouble; Herbert had a chai and the waiter had a pee raised; the waiter passed behind the round tables, followed by Herbert; by the time they reached the wall, witness saw several waiters with chairs in their hands; witness did not go into the hall; saw some gentleman with his back to the third table; thinks Herbert was at the second table; did not see the pi-tol fired; heard the report; his attention was taken up by the affray, and be coud not say if other gentlemen we'e in the room; thinks some persons were standing with him at the door; witness tirst saw Herbert. on one side, and the waiter on the other; the waiter re- treated up the room towards the round tables; Herbert followed ; as soon as Herbert started the waiter ran; did not see Herbert strike any blows; there was considerable noise of knocking around furniture. The District Aitorney stated here that the witness just examined (tr. Warren) was @ United States officer at Boston, and that he was desirous of returning as soon as possibie. By consent of the counsel for defence, he was permitted to withdraw. J. E. Devenois, sworn—I3 the French cook at Willard’s; the rule there is not to give breakfast after eleven o'clock without am order from the office; on the day of the affray Witness told the servant who came for the breakfast for Mr. Herbert to go to the office for an order; witness went to bis private room to get his own breakfast; heard a noise as of breaking of plates and glasses, but took no note of it, as plates and glasses were always beiug broken; then beard the detonation of a pistol, and went to the dining room; saw Mr. Herbert run’ after Thomas and Patrick; witness canght Patrick and said, ‘Save your- self; saw no pistol in the hand of Mr. Herbert thea, be- cause of a vapkin or handkerchief held by Herbert; ‘wit- ness pushed Pat away to save him, and at the same time saw Herbert seize Thomas by the cout and raise the Pistol to his breast, then pause two or three seconds, and then fire; Thomas put his hands on his breast and went up the room, and when he took his hands away the blood gushed out in a stream; Herbert then put his pistol up and went out; witness followed out in the street to see where he went; witness was asked what was the matter, ‘avd he said & man had been shot in cold bjood; had on his cap and apron when be went in the street. ‘The witness on cross examination was asked to give the French words for ghis expression to Pat Keating, of “save yourself.” He replied “sqaure vous;’’ saw no chairs raised; neard the breaking of plates and glass, wut did my oo the dining room unul he heard the detonation of a pistol. Charles,Quinn swora—Is a waiter at Willard’s; as he entered the dining room on the morning of the al , he saw Herbert seated at the tabie; Herbert told him to bring him some breakfast d—d quick; heard the noise of a chair; saw Herbert strike deceased; he struck him in the face with his fist, in which he had something like a napkin; deceased made to the sideboard and picked up something; witness went out of tue side door, and when ne came deceased was s! Jerry Riordan sworn—On the 8th of May, Herbert and another gentleman came into breakfast; Herbert told wit- ness to get him some breakfast; witness aly part of it; Herbert told him to be off quick and get him some more; witness asked Herbert’s name, and went to get an order from the office; hearing a noise of crockery breaking, he rao back, and us he entered the dining room, he the first shot go off; Put Keating and Herbert were tangled ina scuffle; Herbert grabbed Tom by the coat and spot him; Keating died in two or three minutes after he was shot; saw Devenols come up and separate the par- ties; witness had been at Willard’s about a montn; the parties were all jostling at the time the frst shot went off. James Quinn sworn—Was present at the affray; it was his duty on that morning to clean ie ps for dinner; heard a noise; looked around and saw Herbert on his 1 and deceazed running from him; deceased seized thing. a plate or a tray; Herbert it at Keating; Keating threw whatever he had in his deceased then ran up the room to where witness stood; Pat Keatirg ran in from behind and grabbed s .mething and threw it towards Mr. Herbert; both Herbert and were on arun, approaching each other; the; clinched and jostl d; deceased ran across and raised a chair over Herbert's head, but did not strike him fear of bitting his brother; a friend of Herbert came . 5 = and raised a chair over Tom — round to defend himself trom witness report of a pistol between Pat Keating and Mr. Herbert, and thought it was time for him to ktave, as there might be revolvers about; as he went out he met Devenoia, the French cook, coming in; saw nobody fall; weut up stairs and looked out of the window; saw them carry out in the yard, Thomas Broduck,{ sworp.—Was in a room next the «ining room; heard a noise in the dining room; went in und saw Herbert strike deceased with a chair, and then with bis pistol on the head; went out, and when he came ""ahe Disrret ANioraey here exhibited ee ret Attorney ex! @ diagram, pre- pared by Mr. Henry A. Willard, of the dining room, wi the distance of doors and tables accurately marked. Mr. Willard sworn—Saw nothing of the affray; deceased had been with him @ month or six weeks at time of ne atlray ; deceased had been employed by him at times fore. Mr Perey Walker here moved the Court to call upon the District Aenea to bring all the witnesses of the transaction before the jury a3 witnesses for the United States, quoting various English motion. ‘The District Attorney the motion, and the Court overruled the motion, though conceding that there might be peculiar cases in which it might be granted. ‘The Court rove at § o'clock with the understanding that the = -alaaaes would be closed at an early bour this morning. Inadvertently Dr. Thomas Miller was named yesterday as a witness for the defence. ‘THIRD BAY. To-day the interest in the trial continues unabated, as indicated by the large assemblage of spectators. The change in the temperature is agreeably felt in the court 100m. ‘The =o ‘was brought in shortly after 10 A. M. The District Attorney announced that the testimony for ihe United States was completed. Seme delay was occasioned by the witnesres for de fence not being in attendance, \r Bradley stated that they had not anticipated beng called 0 soon, supposing that other witnesses were to be examined for the prose- cutton, Hon, James Bishop sworn for defonce.—Was at Wil. ‘ard’s at the timo of the aifray; entered the dining room from the factot bea ing the breaking of crockery and the rustling of chairs, sounding like « fracas; when he enter- ed the room there seemed to be a general scuttle about cases in support of his the middle of the room, near the end of the long table; recognized Mr. Herbert by the formation ot bis hes aod bis hair; bad previously seen Mr. Herbert seated ot the table on his way to the office; n the room were several perrons; cannot state the exact number; did not recognize Mr. Herbert pos uvely until be saw him bent down, with several pert ons pressing upon him; beard @ pistol dixcharged ashe was hastening towards the “pe his impression is that the i report was while he was in this bent position; “{ no other ebot; after the shot the ook near the parties; thi cook if he bad separated the parties. Cross-exami ‘The affray had commenced when witness entered the room. ¢ Mr. Bradley the position of him say, “I A walked out onthe crowd with the pistol in bis hand, and ae gl a a his pocket; was not a boarder at i! '.. an M. Reynolds sworn—Was at Willard’s on the day oft iL o'clock Le ee ee a My vrap lel ie i aligi i 23 i: i! rf itl hatte inal oe : Fy Bai 2 fae i ey itil: Feeitlbeieltlee 3 sf? i da 3 zt iz i is Fe aya rae 5 . = that Herbert took hold of the collar of Keating's coat with the left hand and shot bim with the righ hand Pa tuto the kitchen and told Herbert beatin went ma was his brother. = Senator Weiler sworn—Was present at the first hear ing of this case before Justice Daniel Smith; recollects bearing Patrick om that it was not the first shot that killed bis ; ‘twice ithe could not be mistaken, and ely, that he conld not; Edbright testified brfore that he had remained in one position during the contest, William A. Gardiner sworn—Went over to Willard’s with Herbert about twenty minutes ten; took their seats fat fable; a boy came up, Horbert asked for beeskiiet: Barbers then went o pers; a ‘portion fall he bay tm, tt minutes two newspa- 2 breccia: Herbert something. aud eaid, ‘Make they had previously beem waiting pearly twenty the boy came back and said he ‘not get noise in the upper part of the room; saw a good many Servants, as he supposed, coming down towards Herbert; they bed , and one or two had chairs; witness had a chair in his hand at the time, and tried to prevent thein getting to Mr. Herbert; witness struck one of the men, and the chair was broken; thea two or three him; went after another chair, and when he sed around about four of them hold of Mr. Herbert; three of them attacked witness; thinks all of them were waiters; after witness got through with these men, he saw two men had hold of Herbert, and the others ap- peared (0 be getting chairs and plates, s‘arted towar Herbert, and one of the men came up towards wit- ness with something in his hand, could not say what; witness struck him with a chair; when witness got witbin thrce pases of Herbert the pistol went off; at that tme one man had hold of Herbert on one side, and another on the other si¢e, while another was beating him on the tead with a chair; Pat Keating had hold of Her- bert at the time of the shot, aad would not let go; witness struck Keating with a chair; thinks Herbert did not strike Keating with his hand; thinks there were no napkios on the table; only one shot was fired; the pistol used be- longed to witness; wituess had left the pistol on the man- tel in Herbert’s or Graham's room; they were going to walk out a night or two betore, and Herbers pat the pis- tolin his pocket; was with Herbert all the morning of the od thinks Herbert was notin the habit of going armed. Crogs-examined—Deceased said nothing when he camo up, but appaared dixpieased; the pistol was a short re pistol; as Herbert advanced towards Keating he had the pistol in his band, but put it up atterwards; Her- bert was in the position of sitting down when Keating called him ‘a d—d son of a bitch;’’ is positive that but one shot was fred, and that no cap exploded. Upon the conc'usion of Mr. Gardiner’s testimony the court took @ recess of twenty minutes. During the recess Senator Butler entered the room, and took his seat with the counsel for defence. Interesting from Buenos A; ]Correspondence of the Boston Rezeiee) Beunos Ayn, May 9, 1853, ‘The treaty between Brazil ard Paraguay being a mat- ter of importance to this State, has very paturatly given rise to discustions and remarks inthe public papers— some speaking of it as highly advantageous to Paraguay, and of course culogizing the diplomatic skill of Dr. Torres. Others, seeing it in a different light, say that he hae ceded all Brazil demanded. The circumstance of deferring the boundary question, so far from being a benefit to Para- guay anda concession on the part of Brazil, is just the reverse, as it piaces Paraguay completely in the power of her peighbor; and, if Dr. Terres was really governed by a feeling of sincerity towards Paraguay, he has been out- witted by the Brazilian Minister, Senor Paranhos, who opened the discussion by presenting the boundar; tion as a sine qua non, protesting that on this point he could cede nothing; and it is made to appear that he ceded everything. What a farce! A writer here ob- serves very correctly :-—" Let us st ‘that Brazil has ulterior views upon the territory which has occasioned the controversy. Does not Senor Torres believe that she has gained immensely by the treaty? In six years a fon oper, Commerce wil every day cary eulngets dent Lopez wi carry from the civilized world. This will engender liberty, and liberty is incompatible with absolute dap haa~d) and ar- bitrary power. In six years Brazil will have fortified all her possessions in Mate Grosso, agglomerated every ne- ceswary force, and by degrees prepared herselfto renew her pretensions with a greater prospect of success than at moment. But no one can possibly believe that Torres was actuated in this business b Mag Append than his own personal interesta, which has served most materially. Here he has been elected President of the Senate, is talked ef more and more loudly every day as the next Governor. I have had an opportunity of ~eeipg Lim of late in public assemblics and general society, and 1 could pot but call to mind that “Lowliness is young ambition’s ladder, to which the climber upward turns his face,” &c, Yet, to speak candidly, 1 know no other person than Doctor Torres whe can relieve the ‘State from its prevent uncertain position, occasione! by the undefined relations with our neighbors, and this incu- bus of an Indian war. All acknowledge kis capacity, but ali doubt his patriotism and sound . “Although it would be very difficult, if not impossible, for any man, able as he might be, to establish another despotism, yet if 1t could be done, Torres is the man to do it. Our present situation with regard to the Indiws has been satirically but justly commented upon by a corres. pondent of au Argentine dail, per. He writes from this place, and says :—'‘Obligado (Gevernor) has returned without having done anything in the country ; im vaia he offered half a world to the Indams, it would not do, the ould not treat. Seeing this and growing des- pers ft and xent the son of ina, aoempenied iD cis illustrious father. his teacher, to intercede with ig the farce afer the play. This infant plenipotentiary, accompanied by his school fellows, {x sewt to regotiute peace for a great state. This intercession of a doll baby, who goes to ask the existence and wuillity of Buenos Ayres, is the greatest aifront that con be cast upon our country, And sach men dare toshow their faces, dare to call themselves illustrious patriots worthy ef governing a nation! Heavens, it is ‘enough to drive one mad to see a Governor of Buenos Ayres kneel to these caciques, and beg peace for Buenos Ayres of a setof savager.”’ ‘The public is still kept amused by letters from ‘ Caifu- cina’’ to the Buenos Ayrean authorities, which state how much he desires peace and how a = le certain c presents would be, merely to kee uiet until he can gain them over to accept the terma of the whites. the old chief is quite a dij Twoald not_be surprieed should he outwit the whole Cabinet. The valiant General Homos has returned from the frontiers 10 repose ou the laurels won in the last campaign against the naked halfarmed Indians, who can really dictate terms of peace when they desire to terminate war. We shall have some notable expositions, during the sea- -ion of the Chambers, of incapacity, peculation, &., to which the Indian war has given rise. ‘The italian agricultural legion is y*t in ““Bobia Blanca,”? where it will undoubtedly remain until the spring. Large oarracks are being built, pens for shutting up cattle, snd a large space is a. enclosed by a ditch four eet wide and five foot deep, Reinforoements have eon vont of men and money, and tho colonel, who had come up to make arrangements about + body of cavalry, bas again Jef to return with inore men and Provisions. ‘The success of this body is set a problem ; the difficulties they ex) were un- xpected—loss’ of their stores by apueeh, and the eath of some 50 or 60 men and the like number of ful- owers by cholera morbus, Recruits continue to offer hemeelves in this place and the number (600) will soon -€ completed. A letter from Coreientes states that ordérs had been re- ceived at the Custom House to charge the same duties on all gcods from Buenos Ayres as are charged on goods from «foreign This news appears to be premature, but itis highly probable that such a law will be t dur. img the present session of Congress, as it alread: been determined, that the revenue <lerived from the dif- ferent Custom Houses shall be farmed out, aad a com- ny has mace propositions which will doubtless be ac- mpted, An attempt was made in Tucuman, on the 16th ult., to Perthrow the newly elected Governor, Senor Rojo, by the *x-Governor Campoc ; but it was put down, after a fight n the public streets, which lasted four hours. The revo- Jutiontits lost thi ty men. Proposals to cotonize the “ Gran Chaco’? still continue to be made by Leen) % rather French agents to the Argentine republic, is at present occupies a great hare of the attention of the Execuuve. ‘The rupture spoken of as having taken place between Flores and Oribe bas been peep by a convention. The base of this “pacto,”” as it is called, is that the power of each stall be equaily balanced; each shall have an qual number of chiefs, and an equal number of persons cinployed {n the government offices, and when an (ribista i 233 if: soe a Tosacco Dutizs Minister to Mexico, although cluding &@ commercial ported, has procured such as is greatly beneficial to commerce States. The abolition of the tobacco evbetitatton for it of a duty of twenty-five increased United States, and to the re’ the tobacco i = A ii i i a lil bride. Fiat i bi Bode icone prominee 18 amount to yearly. =. 0. Buttetin. ‘Wo believe there is now only one newspaper in Masea- chngetts—the Gloucester Telegraph—supporting Fillmore for the Presidency, __. , Political Gossip. One of the Kansas emigrants from the Fastern Aid So- ciety recently arrived in St. Louis with empty pockets, and was obliged to pawn his rifle to raise the rocks. On the rifle, says the Bt. Louls Herald, was engraved, ‘‘Pre- sented by the ladies of Haverhill, Massachusetts, to the ladies of Lawrence, Kansas.”” The Whig State Convention of Missouri will meet at Boonville, on the 6th of October next. A letter from Jefferson City, Missouri, thus speaks of the manner in which Col; Benton is aiding the election of Buchanan:—‘‘Col. Benton spoke here yesterday, His speech was mainly a laudation of Fremont and Benton, and contained only @ mere allusion to Buchanan, repre- senting him as favorable to the Central route for the Pa- cifle road,’? The Cincinnati Enquirer says that ten thousand old line whigs in Licking county, Ohio, have joined the ranks of the nigger drivivg democracy. Licking county in the Presidential election of 1852 cast 6,930 votes, and in 1855 the old line whigs were reduced down to 722. Is Fremont a Catholic? At a meeting of the Catholic Literary Institute of Cincinnati, on the 8th inst. an ia- formal bullot was taken for President, and resulted as follows:—Buchanan, 85; Fremont, 5; Fillmore, 1. Is Fremont a Catholic ? ‘The State election of Iowa is to be held on the first Mon day of August. Members of Congress and the Legisla- ture, a Secretary of State, Auditor, Treasurer, Attorney General and county officers are to be chosen. Jobn B, Stitt, Esq., the administration Postmaster a: Centreville, Wayne county, Ind., has resigned his office and enlisted under the republican banner. Whon the Postmasters begin to forsake the party the game |s about up. Hon, Joshua R. Giddings, in one of his letters to the Jefferson, Ohio, Sentinel, relates the following incidext in relation to the vote on the Kansas bill in the House of 7 Representatives:—The feeling of our friends may be judged of by an incident, Mr. Mott, of our State, was recently taken sick while on a@ visit at New York. He became convalescent after some weeks cun- finement, and went to Long Island, some twenty-dve miles from the city. Finding the vote was very close between the parties, Mr. Mott was telegraphed to return to Washington if possible. His friend in New York got the despatch at five o'clock P. M. During the evening ho hired a steamboat at an expense of a hundred dollars— wen! himself on board—reached Mr. Mott at 2 o'clock A.M. That gentleman, though yet weak from his recent illness, left bis bed at that hour, apd taking the boat reached New York in time for the cars yesterday morn- ing and is now in the hall—just in time to vote. A gentleman who has been travelling West tells the followng story:— He travelled for some time in company with a man who had formerly been with Col. Fremout. Being asked by some man what were his political views, he answered, “I am an out-and-out locofoco; 1 know Fremont like a book; he’s bound to be elected, because it’s just his luck. He never undertook to do anything in his life that de did not accomplis2, and I shall help hia one vote, but he don’t need it—he’d be elected if nobody voted for him.’? Co}. Daniel Needhar, in 1864 the Chairman of the De- mocratic State Committee of Massachusetts, but now a resident of Vermont, was one of the principal sgeakers at the Republican State Convention recently held at White River Junction. Wendell T. Davis, of Greenfleid, who was the whig candidate in Massachusetts for Secretary of State last fall, on the Walley ticket, addressed a Fremont meeting in Northampton last week. He said he had been what had heretofore been called a conservative man, and was ‘one of the 14,000 who last full voted for Mr. Walley— that if any man had told him three months ago that he would bave ever voted for the republican candidate for the Presidency be would have laughed in his fuce, but he bad now made up his mind to vote for the republican nominee, let him be who he would. He was with the cause beart and hand. The citizens of Chelsea, Mass., held a Fremont mect- ing on the Sth inst., and passed the following resola- Hons: Resolved, That John C. Fremont, of Califorma, ought to be the next President of the United States, Resolved, That what ought to be will be. Resolved, That it is the duty of Chelsea to help do what — to be done. olved, That a Fremont Club qill help Chelsea to do her duty. Hon, Andrew J. Harlan, a Pierce member of Congress from the Eleventh district, in Indiana, two years ago, has declared himself for Fremont and Dayton. ‘The names of the Hon, Ward Hunt, of Oneida, and the Hon. J. P. Jones, formerly a Senator from the Sullivan distriet, are added to the call for a democratic republican State Convention at Syracuse, on the 24th. The Conven- on will be one of the largest and most important ever held in the State, ‘The Daily News, Newport, Ky., carries at its head the names of the people’s candidates, Fremont and Dayton. ‘The South Carolina democratic journals give Mr. Bucha- nan but a very feeble support. The Charleston Courier, Charleston Standard, and Columbia South Carolinian, all Jeading papers, are as mum as a brick. Wouldn't it be a rich joke if it should turn out that Fre- mont is both a slaveholder and a Catholic? aske the New Hampshire Patriot, after having in previous papers stated he was both. And wouldn't it be a richer joke if he should turn out te be President? ‘Thomas A. Potts, Postmaster for many years in Mod- ford, N. J., bas been removed from office, and Danie! Coate appointed in his place. The charge against him is, that he is too strongly tinctured with repablicanism. ‘The Ithaca (N. Y.) Journal says: “Our readers will perceive that we have takes down the names of James Buchanan for President, and John ©. Breckinridge for Vico President, and that we have placed at the hoad of our colums the names of John Charles Fremont for Pro sident, and William L. Dayton fur Viee President. ‘The daily prees of Boston is stroug for Fremont. The following is their present political position:—For Fremont, Atlas, Bee, Chronicle, Journal, Transript, Traveller, Tele- graph. Agninst—Post, dem.; Times, dem. ; Courter, whig. ‘The Herald ani Ledger are “neutral.” Both, however, in- cline to Buchanan. The Advertiser i# Fremont in heart, and may be pat down on the popular side, though it hag not made a declaration of ite faith. The Courier favors, if apybody, Fillmore. The Traveller bas not, in so many terms, made a profession of faith, but its Fremont pro- clivities are all understood. The Transcript does not ~peak out in meetin’, but Fremont to the marrow. The Post and Times are full blooded Bochanan, The venerable Josiah Quincy Fhas sent thirty dollars to the Young America Fremont Club, of Boston, to aid in defraying the expenses of its organization. The Portland State of Maine newspaper, werotofore etraight whig, hoisted the Fremont and Dayton flag on the 10th inst. Kentucky Whig State Convention. The following revolutions vere passed by the Kentucky Whig State Convention, which assembled at Louisville op he 3d inet. — 1, That the oe owe bed gevernment=, each su- me in its preset constitutional sphere, are not an Tegonistic the one tothe other, but harmonious and co- ‘That ren. der the Union jadiseoluble and immortal; the defence the highest function of honor abd atritiea. hi a m. M9, that every By the constittion showa i i E i 333.285 the ieee RAL Bo nsee oe yh rapieane the mitted into the Union on « footing of eq other ee ates tend teeny people thera of, being citizens of the ‘States, may in their muni- oer te a ee pp yO should cease , and the laws should be cogeigpess ta lovers of the the Union. EE ES tions, d pee = he the bhwring i goverument wren stitetion phy example of our own peace, pros- to our ancient which are—to w administration; reve. i works of improvement of national for national defence, and 10 fecilliage, ‘ce; the br ul. he and the finds ived therefroy ‘ail the States, on the” principe to all, Daving been acquired by the common treasure of all; whe just authority of Congress over Fevenues, expenditures and fiscal machivery of govern- ment. 8. In State 3 the punctual payment of. 7 the public debt, obeying every of duty or comity to the federal) or hog sponges the Promotion of intellectual, moral and physical jmprove~ ment of people and country, guarding the judiciary ia ite tthe temptations and arity and independence against con- ede ya o | ner or party influence and and ees Vielable the establisned hfe, liberty and property. 9. That in the present condition of parties the nomina- tion of a Wiig comldate ie, the Presidency would in the opinion of this convention, be unwise and and ag all of the present organized ina or less degree, ‘r with the principles hereinbefore ex- pressed, we recommend the individual whigs of this State and of the Union to support that candidate whose political opinions, past history, aiid present poattion are in nearest. conformity to their own political views, (but in all such action iooking to the assertion of whig Pehake ples and the ultimate rv -toration of the whig party,) and in the optnion of this convention it is unnecessary peas delegates to tiowal Convention recommended y the Whig Na ional Convention of 1862, to assemble ab Louisville en the 4th of July, 1866, or tothe convention proposed! to assemble on the doth July, 1856, A Letter from Senator Fish. Wasussarow, July 9, 1856. It is seldom that I think mistakes of the press with re- gard to matters purely yersopal to myself need any no- fice. Bet the reason lin your paper of the night Vefore last (Monday), 1 reply to-4 remark of the Buffalo Commercial, that V la: net voted upon Gov. Seward’s amendment to S nator bong Kansas bill, viz. —''Mr, Fien was entertaining «on any at a party at bis house’ — implies, in my jv ery insuifiétent reason for absence from my reat in the Senate at the time of the consideration of an important measure Whatever attention | may feel it either my duty, my ivilege or my pl: sive to the exercise of private * with a public trust, Fever I Lold eveh rights in subordination to my public duty. J was Dot “en nor was Lin W ompany at a party at my ston during the voting om ton the (Kansas bill, But cement nade some days previ- © expectation that neither sas question AY other important measure would be forced to 4 final vote on those days, I had left Washington for New York, with a portion of my family, whom I wae admourhed i was necessary to remove from the intluente of the in use heat prevailing bere to a cooler and mor: tif temperatare. With much respect, your-obed’t ser’t, HAMILTON FISH. ee EEE FINANCIAL AND COMMERCIAL. MONEY MARKET. Sarcnpay, July 126 P. M. ‘There was quite a buoyant macket this moraing. With avery active demand, higher prices ruled throughoat. ‘Virginia 6’s advanced %j per cent; Erie bonds, 1871, 35 Goshen 1st mortgage bonds, 3; Canton Company, 34; Pennsylvania Coal, New York Central Railroad, 24; Michigan Central } chigan Southern, },; Panama, 44; Winow Central Railroad, 2}, — Ulinois Central bonds open- ed at 943g per cent, but fell off to 04 at the close. New York Centra! stock hax been more active than usual with- im the past day ortwo. itis the impression of buyers that it will, in less than thirty days after the payment of the dividend, sel! as bigh as it does pow. The decline in rie to-«sy was caused by the quantity of cash stock of- fered. Cleveland and Toledo was purchased largely this morning. It opened at 79 and cloeed at 7934 per cent, in demand. Reading Railroad improved a fraction om the opening. The books close on the 15th ipst. for the divi. dend, which wili be four per cent im cash. Canton Cempany was active at the advance, and closed firm. It is a lovg time since there was a movement ip this stock, but it is now in a shape to attract pew purchasers at much higher prices. Railroad bonds must feel the effect of the reduced rate of interest in London, more than any other class of our ee- curities. The advance inall the most prominent issues has already been several per cent, but that is nothing to ‘what will be realized. Firet class first mortgage railroad donds are so well held on this side of the Atlantic that nothing short ot a handsome advance will bring many of them out. There are none pressing for sale, or likely to be, at any price. ‘After the board, Erie fell off to 633¢ per cent, but rallied, and closed at 6434 per cent bid. Cleveland and Toledo was firm at 7934; Reading at 923¢; Illinois Central Raitroad stock, 1084 a 108!; per cent. There was no second board to-day, and there wili not be on Saturdays during the hot weather. ® Mr. Albert H. Nicolay's regular semi-weekly auction sale of stocks and bonds will take place on Monday, the ldth inst., at 123 o'clock, at the Merchants’ Exchange. ‘The Assistant Treasurer reports to-day as follows:— Paid on treagury account $183,033 54 Received do. Balance credit all accuunt+ The warrants entered at the Treasury Department, Was xington, on the 9th inst., were as follows: — For the redemption of texas debt. .. $2,196 1 For the Trearury Department 55,608 00 For the Interior Department. For Customs... War warrants re From miscellaneous sources ‘The steamship Ilermanp, from this port for Southamp- ton and Bremen, carried ou’ $100,900 in gold. - s Sasenpay, July 12, 1866. $1000 Tenn €’s "68... 9434 200 shs Cly&TOIRRDI 79 21€0 Ohiostate 6's'*0 LOIN 600 d0.......88 79 + 100% 500 0 TO ‘3 88 400 do. b30 1914 ‘SuC Virg State G's,, 945 100 d0...,..090 195g 500 de. y 200 do...) B60 TO 00 3 7 66 20 Nor & Wor RR. 34 S0)¢ 25 Third Avense R. 84 99 7 Cleve, Col&Cin R, 102 60 Gal &' Chicago R. 113) 6 do. 1 21000 Mo State v's 12000 NY Cen RR 2000 ERR3A Mba. = 2000 HRK 3d Mige .. 14800 Tli Cen KR bas. bad boo ‘22 shes Lik of Com. 200 Nic Trans Co, bi FRR 0H 50 Canton Co 500, lo 400 do. 100 do 600 do 100 do. 50 do. 10 Del &H 75 Penn Coal Co, 100 Cumb Coal Co 400 3 S8eeesnecse eseacssectes a5E53 f ereeseseszssente 50 b10 100 a oo 100 Cleve & Tol R.b30 a0 60... ...D10 3 i ae i i #2 i 33 HF rH i = it Fight 538