Evening star. [volume] (Washington, D.C.) 1854-1972, 1858-07-06

CAsK.-The prayers Of the counsel in this case for
instructions to the jury were published In Fri
days Star, and on Saturday we stated that Judge
Crawford had granted portions Of these PRAYERS
with certain notifications As these charges
alter somewhat the tenor of the instructions de-
siIed 70 oe delivered, we give below brief sy-
noPsis OF the points on which the jury was in
structed by the court which shows what portions
OF the prayers were granted. They as follows:
That II the jury believed both or either Of the
defendants perpetrated the homicide Berry
out Of ill feeling, existing prior to the occasion,
u would he murder; and even IL IL should appear
That Berry was married man when he contract
ed union with the defendants sister, that is no
legal justification OF their assault; that II the de-
PENDANTS prepared themselves with n deadly
weapon to be ready in an anticipated combat with
Berry, II would be murder; IL the defendants pre-
pared themselves for an anticipated conflict and
killed the deceased after receiving slio ht provo
cation from him, 1t would be murder; IL the de-
ceased was killed by one of the defendants in
sudden quarrel, the other aiding and abetting, il
would DE manslaugher, unless committed in
self defence; that whichever of the two defend
ants gave the stabs, the other, If he abetted, is
responsible, if sane; that to relieve John Devlin
from the responsibility on the ground of INSANITY
the jury must be convinced that he was not aoie
at the time TO distiDSui between the right and
wrong as to the act he was committing; If the
jury believe Berry was murdered by one of the
defendants, without being able to decide which,
they must acquit both, unless they believe them
to have acted by preconcert to kill or do the de-
ceased some great bodily harm: II IT should ap-
pear to the Jury that James Devlin committed the
homicide in selfdefence, under reasonable
ground, they must acQuit him; il, after repeated
prohibitions, Berry persisted in visiting Mrs
Devlin's house, using threats, and was ordered
on by her and her two sons, but refused to 90
then those sons had a lawful tight to expel him
and use all needful force, and even to kill him. II
Tequ site to their own protection; and lastly II
The Jnry hnd that John :. Devlin killed Berry
under the influence Of dementa and monomania
and was unconscious of committing a crime he
must be acquitted, also must James Devlin
unless the jury believe he influenced or assisted
John in the killing, or knew he was bout 10
do it.
The following is synopsis Of the instructions
given on the prayers of the prosecution on the
subject Of insanity:
A defendant is not TO be excused from, 70
sponsibilty if he has capacity sufficient to enable
him to distinguish between right and wrong as
to the act he is doing-a consciousness that the
act he Is doing is wrong and criminal and will
subject him to punishment In order to be re-.
sponsible, he must have sufficient power of
memory to recOllect the relation in which he
stands 10 Others and in which they stand TO him.
tEat Tue ACT he Is doing Is contrary 10 the :ctaes
OF right, injurious to others. and Il violation of
The dictates OF duty. Although ne NAV be labor
Ing under aTtial insanity, If lie understands the
character OF ms act, and its consequences; if he
has knowledge that it is criminal and a mental
power snfhcient to apply that knowledge to his
own case, and to know that il he does the act h.
Will do wrong and receive punishment, such
from responsibility for criminal acts"
hKfREHENsIBLE OUTKAG Rs.-We are Informed
that Harmony Burial Ground, - the cemetery Of
portion OF our colored population, which lies
just north Of the city boundary and bevond the
terminus OF Seventh street. has been the scene ~
conduct for which the offenders should he So.
verely punished. About four weeks AGO som.
Paries tore down and carried away portion Of
the fence, thus allowing the cattle free ing ress to
the cemetery The prOprietors Of the cemetery,
on becoming aware of the OUTRAGE AGAINST their
property replaced the fence, but in few dsv,
torn down and removed. They auain rrDIaced
II, but the tearing down has since been rep.ated
wv" or three times, and il seems as thou. h the
deDTeddtors not only determined IN IA ro1v rho
cemetery open, but also to destroy the fencjnr AS
often AK II may he replaced. 4 few DAYS since A
young manson of one Of the proprietors
repairing thither to rebuild the fence, when he
observed d man with Ratchet, apparently in
The act of removing another portion &c the bal
ings As this property has been boug ut aud paid
Tor ny the owners, and Congress has passed a
Speclal ACT, securing their title thereto, some
measures should be adopted at once to protect
their property, and punish the despoi.ers of the
asst resting place of their dead
THE RIrTENHouSE ACADEMY.-On Wednes-
day afternoon last, the pupils of this well known
seat OF learning, entertained large and inter
ested audience with well selected and generally
well delivered specimens of their 0ratorical
powers. Several OF the young men read original
compositions, which evinced well matured
thought, and correct training. The audience
manifested plainly their high appreciation Of the
exercises. We would not max any invidious
distinction; but may say that those young men
who received premiums from their kind princi-
pal, as tokens of good scholarship and cond uct ,
were, most OF them, particularly successful I'm
their declamations and compositions Through
the interchangeable and well di rected labors OF
MIR. o. &. Wight, the principal, this Academy
has received and deserves the patronage of a dis
corning community.
PAINFUL ACCIDENT Tbi, mornino Nelso,
Steele, son of ii. N. Steele, Esq, formerly of
Alexandria, while engaged in cleansing a ma
chine at Schneider's brass foundry, on the Ave
nue., near Eleventh street. had the fore-hnuer of
his right hand crushed between two cog wheels
which were in motion. Surg al aid was soon
obtained, and the wounded lad made as comfort
able as possible under the circumstances.
CONSIGNMENT OF GoNzAsA CoLLKGK.-The
annual commencement of this justly popular in
stitution of learning took place this morning at
Odd Fellows Hall on Seventh street We def :,
notice Of the exercises till future day
REAL Estate On Saturday, &c. Mcclure,
Auctioneer, sold small frame house and lot Oh
street, between Fourteenth and Fifteenth sts
to Patrick Raglan, for S195.
JAlLED.-A fellow named O. Bren was arrested
sunday by officer Chipley for a vile act, and was
sent to jail for Court. :
WATcH RETURNs.-Rachel Burk, Mary Bon
nelly, Mary Hall, colored; and Edward Lancas.
ter, drunk and disorderiy; workhonse 90 DAYS
each; Caleb Gibson, John Lee, Henry Johnson
coiored, and Jerry Lee, do; fine and costs So Is
Elizabeth Bell, va. Moody, colored, do do
L. Becket firing pistoH In the street; fine and
costs 81 S. Thos McR id-. drunk and disnr-
derly; fine and costs 81 Is J. r. Halle, ]
nlcMahon, p. McNulty. l. holland, Timothy
Savage, iine and costs 50 IS.
PErNrEs.-f Those IN want of Pennies for change
ter Of the Star Once tF
DIED.
In tins city, on the morning of the 9Th ins,snt
JOHN MOKGAN. In the 9Th mon, h of his ass son