Evening star. [volume] (Washington, D.C.) 1854-1972, 1858-06-30
LOCAL INTELLIGENCE.


body OF the deceased Berry, and the conclusions
drawn from that exami nation In relation to the
manner IN which he had been murdrIei Notbir0
more than what was given in yesterdays
issue was elected from this witness, except a
point as 10 the mental condition of the elder Dew
lin The witness. on being questioned as to the
point above alluded 10 stated that he had been
the family physician of the Devlins for several
years, was We'll scqHainted with all of the fam
lily, and that John DevIin is of a very nervous
tell-ct = :
The Grand Jury here came in, were called and
dismissed for the day
Samuel E. Smith, sworn.-Was present at the
time Berry was murdered; was engaged with
Berry in the getting up of a Business DIrectoTy;
came here 10 assist him in that business: on the
day In question, was DESTROYS to hasten the
business TO a close, wishing to leave for Balt-
more; witness and the others who were engaged
in the work of the Directory went out to collect
some money: received order from a gentleman
tor money! to be paid on Capitol Hill; took hack
and went on Capitol Hill, within half square Of
the house where the murder was committed, and
Berry requested part of them to go and collect
the money, and witness and Berry went TO the
house Mrs Devlin's); he Derry remarked that
as he was in the neghborhood he would 90 there
and change his linen; witness remained in the
hack while Berry Went in tn house for this pur-
pose; after waiting in the hack for some time;
witness sent the driver TO call Berry out, and
from what he (the driver) said returning,
witness started to go in the house, and when
within few PAGES Of the side door. Berry came
out with the two DevIinS, and their mother fol-
lowed instantly, saying 10 witness, g Mr. Smith,
they are going to ii Iht-do interfere, witness
saw no appearance Of anger on the faces Of either
OF them, and Berry remarked that he could attend
10 his own business, aud requested witnts S to re-
turn 10 the hack, and he would come in two or
three minutes; witness turned away at this, and
walked back towards the hack, but before Ieav-
ing the gate of the yard turned around, without
any particular reason for SO doing; witness bad
heard no SCufAs, nor a word spoken, but saw a
third person and the two Deviins en- gagged with
Berry, who was in recumbent position: the
Younger Devlin lad Berry down. and the taller
DevlIn held him. tie younger Devlin stabb
Berry three or four times with knife; it being
then too late To render any assistance. witness
went away to call the two other gentlemen who
went 10 Capitol Hill in company with witness
and Berry. Witness identified d knife shown
MIN in court, as the one used by the Younger
Devlin. The third party, whom witness could
not identify, was aSSistin. to bold Berry dOwa;
witness heard alteration between the parties;
Berry came ont Of the house Il rst and was fol.
lowed by the Devlins immediately; the siabLing
took piSce about six PAGES in front Of the side
door; when witness returned with his friends the
deceased was lying : witness had left him, dead
in ;ie walk; the deceased wore no weapons about
his person.
Cross srdmiHsd-Saw Berry when he came
out OF the door, never had seca the elder Devlin
before; but had seen the younger one tAe dav pre-
viouS; had delivered a note TO him ou the pre-
vious day, had been to several drinking boiises
before calling at the house. to collect some money;
witness was sober; did not drink at the above
mentioned houses; Berry was also sober; the pei
son who was in the garden And whom witness
could not identify, was d dark cOmpIexionsd man;
witness could not further identify him; witness
had drank twice, abd eat at the last drinking
house the party visited but did not drink there
Thomas II. Scott, sYOrH.-Saw about 5 O'Clock
in the evening of the day in question several per
IONS, among whom was the two Dey,:ns' tic
younger OF whom was striking at something on
the ground beneath him; this was in Mrs Dew
iin's garden; witness lives opposite Ms DevIin's
house the width OF PrGEs ylvdnia avenue; the
cider Devlin then took the position OF the Younger
DrVlin, who had instantly retreatt d, aud looked
down at something on the ground and then fol-
lowed tie younger Deylin into the house; Smith
was standing at the porch IL the front of the house.
by the gate, ar side emit sace; the parties above
mrnti6Ged were four or five wards from smith
East Of the house and in the flower garden; ii was
ali done In what 20 witness SCENE TO be less than
minutes time, and as soon az il was done, Smith
got in the hack and drove OF; did not see John
ithe eldeT) Devlin strike at ali!
CrOsS-ezGRaia,d The FIST thing WHICH at
tracted the attention of witness was sone one
saying that there was Eight in Mrs Devlin's
garden, and ths screams and cries OF NJ Is Dew
liz; saw one, at the :ime Of the stfay, but the
Two Drvlins. their mother, and Smith; did not
see any third party in the garden, assisting or
partaking in the ARRAY, but there might have
been such party there without being sesn by
ETitsessS .oOH after, John DevIin came ont and
stood Oh the porch, and, after looking down the
street. went back "a tRe house: Miss Shea was 10
the arbor in the garden ~ liz time of tue atfay;
~tEess h. d the shrieks about The time the at
tack commenced
tisoyss " cOaHsT, sworn.-Was going witt
coraer OF Deylins fence, heard some noise in the
yard; aud, on looking over saw three men ana
one woman their; smith then got cut OF q hack
and went toward them; Berry came Cd and put
his hand out a. if 20 make him 20 back he 4 d
50; and shortly after the parties got further cut
IN the yard, aud the younger Dev!in threw sounI-
Thing at Berry: iEen tbs cider one struck Berry,
aId then the young closed with him and
tney went down down together, witness sag lao
more Of IL; the yard is raised higher than the
pavement 50 that witness could not see what oc-
Ter hryy rant.
standing out b. The kitchen door; saw no one in
tue aIbor; saw no one else there, bat the parties
kJOEe named.
GIoSs-exGmiHsd. -Berryihad his coat off, and
john ID. wa trying TO iHterpOse between Berry
and James D-Vlin as II to Keep them from. ght-
ing
Navy Yard with his brother; as they got to the
house heard noise, and saw the two D-vlinS
and Berry In The garden; they apps AIRED if
about 70 tight; STATED 10 20 in the garden. but
his brother pulled him back; the Devlins
between witness and Berry. who vas walking
towards them the elder tried to keep the younger
one from clinchng Berry; the younger one threw
stone at Berry; witness now tried to 80 into
the garden again, and lost sight OF the parties
for time; witness thought the elder DevlG did
the siabbin2, from their position when he next
saw them; witness saw but little of the actual
aEay; some bushes or shrnbbeTy in the way OBJ
secured the view Of the scene
Crosse RAM med s W no third person there:
II there had been one, witness could baye
him; the parties seemed 20 be advancing and re-
treating; thinks he didn't see Smith al all all
witness saw Were the two Dryiins, Berry, Nh
DeyliH, and another WOMAN; didn't see third
party helping tie DeyilnS TO hold Berry down;
head JOLi DcvIIg ask f there WIS d police Cfh-
Ger about, a IL wanted nIfc Ia come with i cart
and take away The dead man who was in the
gA'deE-
CHthHTiHe ShSH. ,Hnrn.-Ha> Iivrd In Mrs
DrYlIn's family q spTy ant fur fourteen month
Was mp sta II the dav of the murder about fonr
~ five o'clock when SIe heard talking down
-'a!'s, ard heard Mrs Deyiin say ''She is not at
hOme;i went down stairs and saw ar. Berry in
tie kitchen; John Deglin and his mother were
there also; does not know whether James DevIia
wLs there OF Lot did not hear any conve saiion
between the parties while witness in the
kItcLra; B-rIy went out, and soon after witness
~aW him ont Of doors, facing the two Deviins;
witn-ss went up Stairs and Staid about hat an
h1d'; whoa witness camr down stat Berry W.
down aai 'EI Devlin was striking him la the
head; Saw the blood flow when he was struck;
NJ = DeVIln sent wifHeSs after a policeman she
wen. ard found the one sick tina; she went after,
and Trturn d, Mrs Berry was not at the house al
tbe TIM, after dinner. about three or IuI O'cIbk