Evening star. [volume] (Washington, D.C.) 1854-1972, 1858-04-07

O'Pi'"i NH, dDcut nVe O'CLOCK yesterday after
noon
Moyy A. DerIin mother Of the prisoners was
sworn.-She said she did not consider T. b.
Berry her son-in- law, her daughter was married
TO him, but be had another wife in Pennsylvsnia;
he came to her house several times to see her
daughter, but was always forbidden; he came
yesterday and abused her Youngest son; she
called her sons out and he followed and took his
coat of; when he come he didn't knock at the
door; he told her youngest he would give
him a cOnfounded whipping: no man was in
company with her sons; no third person besides
Berry; he followed out as he wanted to fig hit: he
threatened to Kill her youngest son; she never
heard him make the threats herself; Berry said
James treated his (Berry'S) wife bad; have seen
knife like the one which was used with her son
John but not Yesterday.
CdthGJ'Hs shay (seTvant in the house) sworn
Didn't see the fight heard some one tell Rerrv
his wife was not there; witness was up stairs:
heard scuffir, and came down; they were scuf,
Hing; Berry was down, the two Dsylins on him
DeailnS MIN; saw no other man there man was
there about four o'clock, but the fght was about
FIVE; no one held him but the two Deylins: did
not near Berry make any threats; saw knife the
one before her, with John Devlin. the Devljps
went in the woodhouse about O'Clock and talked
win some enc there; heard them talking didn't
understand what about and didn't see who with;
ilved there Ia months; MIS-. ID. had four children,
Two males and two females; d dn't see the ma n in
tue odhouse; was up stairs when Berry came;
Berry had his coat of, the others had theirs on
note was here shown from Mrs. Berry to her
O'Clock; that she wanted to see him. and was
ready to leave with him except 10 packing up
few things The witness said she did not give
the note To Berry, Mrs. b put il In the drawer
and told her mother TO remember to give ii to
him.
Samuel E. Smith, swoTn-was with Berry
and others on business, Oh Capitol ii ill; came up
IN hack two of got out at the corner to col
lect some bills and | came with Berry to Dew
Inns; he said he wanted to get a clean shirt; he
went in and stad so long sent the colortd man
10 see about it; the man returned and said there
was fuss; ] started in. and out came Berry and
th' Two DeviHS-BeTTy in his shirt sleeves; there
was nothing vindICtive in their appearance, |
ASKED II he was ready; he said, Yes 90 tn the
hack" went, and turned round and saw them
scUfffInI; the two Devlias had him down-the
larger (John) holding him, the Younger striking
Tue dagger into him. not once, but several times;
anothrr person, whom did not recognise was
WIN them; Berry was not intoxicated; his shirt
sleeves were not rolled up; the Deylins had their
coats on; not word passed between them at the
time: The third man might have had hold of b IS
right hand while e was down: the foot prints of
the thlTd man arc in the 4aiden, where ne got
over the feI c.; never hut one of the DevIins.
and thsn u . LAY 1T re; deliyeied note to him
rom MIS- Berry; he spoke t31ne very abruptly
when ! told him my business; am his agent;
have read many of his private letters; he had no
n'her wite to my knowledge; never heard Of 1t
before this morning.
1hon1S 4 Scott rn--Was coming out
from dinner about five o'clock; some one said
Thee was n fuss at Dsvlin's; | looked over saw
a iHln on the porch another was in the garden in
q StoornI position, his hand moving up and
u WI as If pHnul"llIug some one; afterwdrd saw
another, the bushes ohStIuricd my view buI
thInk the trSl was the younger, the last the Older
DeVllni saw his mother, heard her scream aud
Jaw another woman, who, think, was the wo.
IMAM Just sworn (Catharine shay
DIS. MchtM and A. w. lItEisr testified to the
following facts Five wounds appear on the de-
ceased; on" IN the neck, not sufficient to cause
d'a'h; three on the chest one of which strurk
ID. v.tx nat fata oh,
ter the second wound perforated the cavity of
10" chest, between the fifth and sixth ribs and
eh'reu The ictt ventricle of the heart, this wound
was necessarily fatal the third entered between
Inc tenth and eleventh ribs, and perfnr,ted The
abdominal cavity, woundinr the stomach, this
was also fatal wound the fifth Was Oh tho left
arm. and Was not IEuIedid ieiv fatal
Inc investigation WAS in progress when this
rcpOr; closed.
ANOTHER AU&LiARY-GUARD BILL-In the
House yesterday, Mr.. Letter, CT Ohio, gave notice
that he should Introduce substitute for the Sen
ale Auxiliary-Guard bill, and which substitute
pfoylu'n Tor the appointment of chief at an an
nudl sal airy of $4,000. one captain at an annual
salary al d ,2OO four lieutfnant> at annual sal
AIRY of So0o each, and one hundred men at an an-
nnai salary or S6tO each to be paid monthly
Inc bill further provides that Walter Eeno1
John A. Linton and Richard Wallach, of said
cry, be appointed commissioners of police for
sara city for the term of two years at an annual
salary of S2,pO each, whose duty it shah he TO
appoint the chief of police captain and Iisuten
ants OF the guard, who shall hold their offices re-
spectlvely at the pleasure of the commissioners
Aforesaid; and that said commissioners shall have
power 10 nil any vacancy that may occur in their
oooy during the recess of Cong ress that the chief
OF police shall appoint the men, with the appro-
val OF the commissioners of police, and they may
De dismissed 10y him at his pleasure, or upon the
order of said commissioners
section aPPropriaies the sum of 1--WE thousand
collar, annually as "A contingent fund, to be ex-
pended under the directions of the commission
ers oil police, to carry out the purposes Of this
act In the suppression of crime and the detection
oil criminals in the city of Washington
Section 8 requires the guard to be uniformed
The sum OF seventy-fve thousand dollars is ap-
proPrlat"d To carry the act into effect
This bill does not seem TO ba as satisfactory as
The measure advocated by Senator Brown and
Mr.. Goode
CRiMINAL COURr Yesterday, after our report
Closed, the jury in the case of VIM Bradley and
James Davis, charged with larceny Of an eve
glass and money, from LYDIA s. English, re-
turned d verdict Of ac0nittal
Ellen Callahan was brought up next on charge
OF larceny Of silver spoons and various other ar
t'cles from Mr.. Henry Kellogg. The jury re-
turned verdict of not guilty
hhuie" hldWeil was then put in the dock on
charge OF assault and battery on an old negro
named WIN. Washington who's 81 wears of Are
Verdict of the Jury, guilty as indicted The
dtIehddnt was put TO the bar and after being
soundly lectnsed by the Judge on the inhumanity
vi tue assault lof which lie had been convicted
sentenced him to he imprisoned In the county
JAN Tor pace OF six months and pay II ne of
To-day, james Murtay was arraigned for as
sanit and battery on Patrick cGrattison on the
loih OF last March. Tue jury retained a verdict
OF guilty.
The case of the United States against Charles
DdlHan alias Charles +. Gilman was then taken
up, charging the defendant with ling on tn.
l'th OF Match last, two pistols, two swords, one
scabiIard, one clock. and d hat, and various other
articles from Dr.. Edward Maynard This case
was pending when our report closed
n "REGuLAToR" KILLED. The notorious
Archibald McAleesc, who has figured cons picu-
ously in Washington during The last year as one
of the self constituted - re- ulatofsu was shot
dead In Baltimore, yesterday morning, by Mr.
Levy, Keeper OF a restaurant in IolI iddy st He
attempted TO force all entrance TO the place by
breaking through the door; and while engaged
in bdttering il through, Levy shot him through
the heart: McAleese was subpeBaed for the de-
fence in the case OF the United States rs Powers
now pending before the Criminal Court Of this
District, and was one of the most important wit
nesses III the case. His death was entirety in
keeping with his life.
faI afta A..