Evening star. [volume] (Washington, D.C.) 1854-1972, 1858-06-29

CRIMINAL CorRr.-TIial Of James p. and
John S. Derlis for the ms,dsr of Thomas b !.
Berry.-When our report closed yesterday, the
Court were waiting to receive returns from the
fourteen talesu,en who had been ordered to be
summoned to make up jury In the pending case.
,n Asswo 90 odiciSes, m, the tsle.men began 70
Carter, George E, Jillard, George E. Kirk, and
EPhraim Wheeler were severally called, but
were disqualified from serving by reason Of pre-.
viousiy expressed opinions; Messrs. A H. New
ton and Geo. Rhodes were severaliy challenge.
and James w. Sears and James Goddard were
each qualified and sworn. Geo L. johnson was
.neh accepted, but not sworn, in order that the
Jurors might return to their homes to make prep
arations for their necessary absence during the
TRIAL The Court then adjourned.
To-day, by consent of the counsel on both sides.
TWO OF the Jurors In the pending case (Messrs
Johnson and Miles, were excused from serving
by reason Of sickness In their families. Eight
taiesmen were accordingly summoned, from
, Mnoan 10 select two Jurors to serve in place Of
those excused; and f.. White being called
was disqualified by reason Of previously ex,
pressed opinions. J L. Barbour was also dis
qnallned Tor the same reason. John Scrivner
called qualified and sworn. w. T. Deale called !;
disqualified by reason of previous opinions Jno
Ward called disqualified. G ; Cripps called
o. So, by previous impressions ia relation
lenged. Richard SHINES called: disouaIifed
by previous opinions 20" -
The list Of talesInen was now exhausted and
an olaer Ior four more talesmen was passed, and
they responding, Jerome r. Wroe was called
ana his answers being satisfactory he was sworn
and the panel was thus completed
The charge against the prisoners was then read
to the jury. -
The witnesses for the prosecution were then
called and sworn and the case was opened to the
Jury on the part OF the United st ties by Mr. Cross
| nature, and the relation of each OF them to- II !:
the younger Devlin having, as alleged in the in
dictment stabbed the deceased while the elder
aided ana aoetted him by holding him. The
circumstances attending the murder were then
detailed at some length, and the law i'm relation
to homicide commented on.
MI Cross was followed on the part of the de-
fence by MI Kennedy, who drew an animated
picture OF the position of the unfortunate nilsson
ers at the bar in this case of the atrocious char
acter OF the crime with whic h they sto I'd CHARGED
OF their previous good and inoffensive moral
cha racter; and OF the impossiblty Of their bay-
ing Transformed themselves thus suddenly into
the demons they were represented to be in the
WORDING OF the Indictment without some great
and powerful provocation.
The provocation was dwelt upon most feel
lnglyj vile seduction, sham marriage a
daughters disgrace, the shame Of parents and
protherS ana sisters the prosecutions and boasts
Oh tue seducer his braZen persistence In visiting
mousse on which he had wrought everlasting
dishonor, and from which he had been fire.
quentiy and earnestly requested to withdraw up
10 the time OF the murder all these circumstances
were grouped together in a most able and earnest
manner, the learned counsel stating that they
were not used here for the sake Of effect, but
were expected 10 be proven beyond peradven-
ture In the course of the trial
The prosecution then called
DT. a w Muller, sworn Made an eXamina-
ton Of the body Of rhos b. Berry on the morn
ing OF the Uh OF April last; made partial exami-
nation the evening before; the frst wound was
about the shoulder blade, going down between
that point and the pos'eriof portion of the lbs;
this wound was about inches deem and ~
inches wide; the next wound was between the 5ih
and 9th ribs, passing through the lower norton
OF me let lung, entering the left ventrcle Of the
nedI'i this wound was almost directly transverse;
me next wound was further forward, nearer the
centre OF the body, and between the tenth and
eleventh ibis; there was another wound .broug n
tue leit arm above the elbow; the fifth wound
struck one OF the left ribs-the third one; the
lace was bruised about the left eve and lief: tenn
pie; there was no abasion of the skin: the wound
Whlch was made in the heart was Instantly fatal;
the wound could have been made by knife ST n
liar to one shown the witness Ia Spanish dirk:l
some business cards found in the side pocket Of
the coat or vest Of the deceased had been perfo-
,atea oy khlIe, and the knife In question fitted
the Ierforation in those cards; the wound which
entered the stomach was also fatal; the deceased
appeared to have been about five feet nine inches
In height and would have weighed about one
hundred ana sixty pounds; his muscular powers
were well developed
SUNsTRucK Yesterday afternoon a German,
residing on Four-and "a half street. between and
X, was attacked with coup de solieE. while At
work In the street, On Ninth, near d. He was
taken TO the residence of his daughter on c st
and every assistance was rendered which mod
cal skill could suggest Ii was ali in vain how
ever, and he died in few hours afterwards
His name was Henry Carl, and we understood
ne was sort OF sub-contractor for cleaning the
streets He was the owner Of conside rable prop
efty In the city, and was generally much es-
teemed by his neighbors and acquaintances.
LAST NIGHT, man named George w Beach,
who enlisted on the I'D instant, in the United
states army, under the recr uiting officers In
our city, died very suddenly at Yeates's Hotel.
Seventh street The deceased had been very in
temperate, and his untimely demise was the
result OF his habits. The inqu est developing the
above facts was held this morning. The deceas-
ed Was about twenty-five years of aye and was
native Of Fairfax county, Va.
The RIGHT CouRsE.-Yesterday, two Young
men heard that they were charged with being
concerned in the riot on Sunday on Fourth street
north They went to Justice Dom and gave
themselves into his custody for trial Tn. Jus-
tlce not being prepared to enter into a hearing of
the case the young men gave bail for a further
nearing Their names are w. ii. Towers and
The EXCURSION to Fort Washington, to-mor-
row, by the English Lutheran Sunday School,
should not be forgotten by pleasure seekers.
WATCH RETURNs--Patrick Hagan, ireland,
stealing saw; Jail for court Samuel Hopkins
drunk and disorderly; fine and costs s3H
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wholesale and Rets Agents for Washington
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