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

Inns the day'Berry was killed; was going TO the
NAVY Yard, and had his attention called to ght
that had taken place there; looked over the fence
and saw man lying in the garden; Just then,
John Devlin came out the door, and said, f" Get a
cart and take that man away" witness aske him
what was the matter, and he said the man was
sick and he didn't want him to die there; wit
ness then went into the garden with Mr. Conner
ana saw and recognized Berry; John Devln i'm
mediately went into the house and shut the door;
Berry then easPed for breath, and died.
heFethe grand jury came In and were called
The evidence for the United States here closed
and the defence called -r' '.
Walter BSrHer, sworn.-Met James d. Win on
the day of The murder, near McCoy's house
talked with him few minutes; this was about
quarter TO four O'Clock, went into the house w it'll
him, and was talking about dogs wit n him: went
INTO tool house with him, and remained there
with him about half an hour, talking with him;
witness came out and left for home: Devlin was
a, the Capitol previous to that, spent some time
talking with him about dogs, gaming, etc Dew
I'm appeared very amiable that evrniny; saw
nothing In his manner expression to excite
suspicion on that occasion; left the house before
Berry came there; have known James Devlin for
elght years, and during six years very Intimately;
CONSIDERED his position good; also know John
Devln, but not 80 Intimately as James; have
thought he was eccentric at times; when witness
lie the house he went t)ws IL home; didn't see
Joln that day has not known John SO long as
James.
Mrs Mary Derlin, sworn When Berry anne
was in the back parlor; James said TO John that
there was carriage at the door, and he had bet.
ter lock the door il was likely 20 be Berry !:
John boiled door and Just then Berry rushed
in and John told him that his sister was not at
home; Berry then rushed into the sitting room
where witness was, and appeared as il he wished
10 nave nShti he said To witness - dena nd nv
WIFE in al angry tone; witness told him she
was not at hOmP-that she was in the CITY: Johp
nd, . Mr.. Berry, leave the room my mother is
IiI, and you have frequently been forbidden TO
me Ierr;" BE rs then Ssiz John by both arms:
witness told John to get away from his grasp,
aud then left the room, and John followed and
Berry was the last one to leave room: he follow a
John; then Berry took off his coat deliberately
and laid il on the table; witness became fright
ened and left the kitchen, and told John to fol-
low be did SO, and Berry immediately followed;
as he StoC d in the door he saw James in I'M, yard
and cursed him. and used very violent and bad
language, and threatened to kill him sayiry
" Iou nave abused me through my wife; You ha We
abused her when she was with her mother and
Will Eli you; he also said he had come TO Ia Ike
satisfaction, a he Was to leave for Baltimore the
next morning; he then stepped towards James
rolling up his sleeves, and made at James say
ln% he was going to kill him; witness got be
tHeeB them, and james Ietreatt with his face
towards Berry; Berry then caugh James by the
collar aud tore 1t; witness was fGis hlened and
scftdtnedi James got away, and wItne.s tGld i'm.
to go Tor d policeman; ohm wa, irving To take
part and witness was trying to part them, James
went toward the alley and told the hack
driver 10 90 for Mr. McKenny, Ia police MAJ
lstIaie in the Fifth Ward,) to get Berry awI2;
q II
and returned, saying no one We. al home. Wi,
ness tried TO get Berry away, and to pet assist.
ace mere they got to Scuffli nv toupthpT; witness
was then very near Them Smith was in the alley
ana witness asked him to part them, and Ia ke
Berry away this was after Berry had seized him
~ the Cellar; smith did not interfere: \yitsess
theh saw James striking merry with his fiat over
the >honldeT, witness don't know how The kn:fs
was used; saw no knife at all; John had blood on
his shirt wTistband and sleeve; James had no
blood stains on his person; never saw James
nave any such knife as the one shown and which
Is alleged TO have bee u used by him: Kerry s,,uc
times forced himself 10 visit lin. bouse I'm Sniia
% fequrnt warnings not to come there he had
zen often told not 20 come there: he cam. our
hiSht betoTe tut. occurred, about o'clock and
witness went TO tie head OF the ST. irs an, Larry
demanded his wife was told she was moi ine,..
ne Lien Threatened To break in and to burst the
uo't "i'eh; ne also cursed great deal is wife
iutiI went out Of the side door and iGinpd him.
some other porSoA was 1t this time in the car
rage IL has been four years s!LCe he vas IT,t
1dfD .dden the house; he was forbidden as soon
as II was a>cer.ained that he had another wife:
wine husband told Berry that he had heard
th-l re had wife when ne married witnesses
daughter, and they had many hard words about
~ he was from that time prohibited fro.n .or1.
ing 10 me house and never came excrp, when he
Io'ctd MIS- way In; short time previous 10 the
death OF witnesses husband Berry came to the
h45se, and Mr.. Drvlin, who had pair Of ga;d, IN
shears IN has hanl, threw them at Berry's fret
anu thsn ran into the house and seized pistol to
shoot Berry, when the Two sons held him ard
ahd prevented him from shooting; this was
about two months before Mr. Deviia's death:
John is very delicate and nervous; James is act.
I've nuf small; Berry was powerful In frame and
strength hsrTy Lad been CO. ,cted with wit.
ness family about years; on tie DIV liz ucstion
Tue boys exhibited nothing unusual In their man
nIi' 1auheS was getting ready to 20 to the Capt.
tOl; Berry wife WAS not at the house al the time.
Ee .Eas not used to have his linen kent or washed
there; MS slIe had got a colOfed woman i'm the
~ nnoIhood 10 was iep' shirts for him; after
VII levin 5 death Berry frequently asserted his
fiSht To visit the house, that he was not afraid of
Tue BOYS; they both slept in the sam. chamber
. 53SS-e|H"'nsd-W hen Berry cursed James
la tie "a: aen janss said he Berry, had no right
thtre, and he Won nave 4 policeman TO take
him away he made no threats to Berry; witness
don IeInrTnbeT very distinctly what She said nj
the tTiai before the MAJ istratf; witness did no,
So Br.Iy !ajI; aid not examine him after he fell;
1. hot 20 .lraf him; and supposed him f. be
BADLY beaten, bat ID ~, Idea that he was killed.
tue whole affair lasted but short timr: John did
not st'lke Berry at ALL they were ali together
aud James was striking Berry over the sbouIoers
with his fist; when in the house after tn. affrav
witness asked them if they had used any we:,-
pons. and James answered that they had only
Gsed their fists; witness looked throug h the win
doW and saw Berry lying among the shrubbery;
jams dld not IG- IL? house after the afray till
asked for-by policeman as witness thought;
witness did not expect Berry to be at the house
that day. her ddug inter- left Il note with the ser
want 10 be given TO him, IL he should call for IT,
witness did not see the note at all; the servant
Said she had put the note in the table drawer
Berry VA very impeTtinent in coming to thu
house, ana wonla get Ia the back way before
witness knew OF il; he came pretty often after
MT. DeVlin's death; when Berry Vas oui OF Town
MS Vile would spend the day at home: when
Berry was charged with having another wife he
denied 1t; Mr.. Drvlin had him Ia ken up and was
going to prosecute him, but witness dissuaded
aim ON ii on Mr. Berry's promising to leave
to~n and stay away; the sons would sometime,
say that II Berry continued to come to the house
they would give him Leating; John said he
would put him where the dogs would not find
him, It ma persisted in coming there; witness
never heard either II them threaten to kill Berry
IHs FUNERAL ~ MR. john McCAULEY took
PIare fom his residence, on Fourth street east
near the Navy Yard yesterday afternoon His
If Mains were accompanied to the grave by the
various associations Of which he was a member
The escort fe into line in the following ord,-
Music TuscarOra Tribe, No 5, / O r. NJ
Music Eastern Lodge. No. Z, with it's beautiful
banner Grand Lodge OF this District of ColuIn.
tla, /. .. o + Music-Atth's Brass Band
Washington Naval Lodge, No. 4, r. AN Then
came the remains Of the decreased, large num-
Der Of hacks and ny line of friends who thus
paid the last tribute Of respect The funeral pro-
Cc~SiOn moved, with Sllpmn dirUes I'm Tho Con