The Washington union. [volume] (City of Washington [D.C.]) 1857-1859, 1858-07-03

The q washington for repairs Of windows the
lights rogang BY ncles a cont. 50 IS
70 l nsyn 4 !. $ cents cent, 2 % %
To Lights Of sash repaired, a, rs cents. So
1915
10 60
Measured by W. g. DEALE
On motion Of Mr. WALLACE it referred to the com.
On motion Of Mr.. WALLACE, joint resolution was
adopted fixing the time Of adjournment for Monday week
at o clock.
Mr.. WALLACE then moved that the board adjourn
pending which,
Mr. LLOYD asked that the motion be withdrawn to ena
BILE him TO that committee Of three appointed
TO wait upon the mayor for the purpose of ascerainng
bis reasons for calling the meeting.
Mr. 0RNE thought such action unnecessary. The gen
tleman understood the reasons it well known that
the mayor compelled to call both boards together in
order that the Board of Aldermen might take into con
sidelaton the police nominations.
Mr.. LIoYD said they knew nothing of the mayor's
reasons, except what common stated. They had
been called together and it became them to ascertain for
what purposes; consequently he submitted his motion.
Mr. WALLACE acknowledged the proPrety Of the motion
but could not the necessity of it, The gentleman
well aware the gentleman from the third ward
Mr. OR,r had stated the facts The object to legal
izc the call of tho upper board All the business the
mayor had with them had already been communicated,
and he insisted upon his motion
Mr.. orAE hoped the gentleman would withdraw his
motion for moment
Mr.. WALLACE did so.
Mr. OnAH then stated that bill would shortly be sent
down from the upper board which it necessary for
them TO pass this evening 1t bill to borrow $780,
to carry the aims house. The mayor could not
make the payments DUE unless authority to borrow
the money given to him.
Mr. LLOYD asked consent to introduce bill for refer
ence.
The pnxsDxsr stated the question to be on the motion
. that the board adjourn
Mr. LLOYD sad it had been withdrawn aud if the gen.
teman had desired the motion to remain pending he
should have received promise from Mr. Orme to renew
1t before Withdrawing it,
The PRESIDENT concurred in the statement and the bill
to authorize the taking up and rclayng Of the pavemens
on both sides Of Maryland avenue, between Twelfth and
Fourteenth Streets read by its title and referred to
the committee on improvements
Mr. LLOYD then submitted his motion for the appoint
ment of committee pending which,
communication received from the mayor stating
that he had convened the two boards this evening in
order that they might consider the nomination made by
him Of Noble j. Thomas for Lieutenant Of the police
which was laid on the table.
Mr. LLOYD inquired whether it would be in order TO
move that the board adjourn and proceed to the OF
the Board of Aldermen for the purpose of taking into
consideration the nomination Of Noble J. Thomas
The PREsDsr replied that it would not be in order as
the Common Council had nothing to do with nomna-
tons.
The board then adjourned
CRIMINAL COURT TRIAL OF THE BROTHERS
DEvLIN FOR MURDER.
FrIpAY, July 2.--The court met ut the usual hour,
and the prisoners having been brought in the trial was
resumed Tho petit jurors who were not engaged on the
present panel dismissed until next Tuesday morn
ing at ten o'clock as it is expected that this trial will
occupy the remainder Of the present week. and next
Monday will BIO national holiday. The prosecution
continued the introduction of rebutng evidence by
calling
JoHs II, GopDARp (chicf Of polioe sworn. Remembers
the trial at the magistrates Office after the homicide
Smith was there the principal witness he seemed to
be sober but somewhat excited account of the killing
of his friend he came twice the first time he was in
great haste for officers to arrest for that of
fence that forty minutes before John Deviin
brought to the Office after the prisoner brought
there, witness examined Smith on the subject
Mr.. Bradley called for the defence
WILLIAM Hurr sworn Smith and Berry were at
witness house on the day OF the homicide ct about
o'clock in the afternoon they drinking freely that
afternoon at witnesses house Could say that they were
drunk they were pretty lively.
DIR J. w. SrE1TiNIUs sworn. Saw Berry in Washing
ton time during last summer he and witness and
two others got carriage to go to the navy-yard and
when they got to Mr.. Devns house, Berry requested
them 70 stop while he went in They did so, and Berry
got out and went into the house for few minutes and
then returned This about twelve thirteen months
ago to the best of witHess's recollection.
a. IL L. kEEsE recalled for the prosecution. not
consider smith drunk the day oil the homicide could
smell his BREATH and knew that he had been drinking
Mrs. FANNY BERRY recalled ~ Witness is familiar with
the hand writing Of John Devn identities several letters
now shown to her to be in his hand writing.
Crcsseconaed Has the letters before gave them
to Mr. Ferguson her father-in-law thinks she would
know her brothers hand writing wherever she saw it
ne generally signed his John S. Devlin IT.,
spelling the word John in full he sometimes signed
il in other ways as 81 s. Dcvln, and cd s. a. Dcy-
lin
Mr. BRAprrY here showed witness several other papers
which she considered to be in her brothers hand writing
Eramu'ddon IN chiJ resumed Witness came in the pos
session of these letters because they directed to her
husband and she had had them ever SINCE
Mr. ouLD then read of the letters to show the
good feeling existing between John Devn and the de-
ceased The last dated April II, 1856 Another
was read, bearing date October TO- 1854 Others were
written in 1855.
Here the prosecution closed their evidence. \,
Mr. RArctlHs then stated that the defence had closed
their evidence also and he had now proposition to
make which, il it agreed to by the other sdo would
end the He proposed to offer get OF instructions
TO the jury and ash their adoption by the court and let
INC counsel on the other side prepare set Of instructions
also then let the court grant such should deem
proper and let the go 10 the jury without argu
ment 4.
Mr. 0rIp agreed to that proposition.
The following the instructions prayed for by the
defence
IL from the whole evidence aforesaid the jury be-
se that one of the prisoners Mt the bar did, with malice
aorcthought inct upon the person of the said Thos b
Berry in his lifetime the wounds whereof he afterwards
died. but in reasonable doubt MS to which Of the
prisoners 50 inflicted the said wounds, their verdict
must be Not guilty. to both unless from the |
Evidence aforesaid they further believe that at the time