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

evidence aforesaid that the said James with malice
thought, caused the aforesaid John s. Deyn to infct
the said wounds aforesaid
D. III the jury believe from the evidence that James
Devln lone OF the defendants) committed tho homicide
charged In the Indictment and that at the time thereof
ne had reasonable ground to believe his life was In dan
ger or that the deceased would do him grevous and Sc
we're bodily HARM then they ought TO acquit said defend
ant although in fact the said deceased did not intend to
take life or intct severe bodily harm
1, II, from the evidence aforesaid The Jury believe
that for several years prior to and at the time of the
death OF the said Berry bic had been prohibited by the
lawful owner possessor and occupants of the premises
wherein ne met ms death from entering the and
that he had repeatedly entered the with threats of
violence and against the will of said owners and occ
pants and did 30 enter the said day of his death
hat the said owner and occupant widow aud tile
prisoners her two sons and that she had protector
except her sons and that being ordered off by the
mother Of the prisoners tho said Berry refused to quit
the said premises, then the prisoners in obedience to the
WISH OF their said mother and as her agents. had the
right to expel the said Berry from the said premises and
TO use all necdful force for his expulsion and IT.
by of his resistance to their efforts to expol him
and to prevent great bodily harm to themselves IL be-
necessary for their protection TO kill him they
not bound to retreat in ordinary cases and the
killing is excusabe and the prisoners must be acquit
ted.
The following the instructions prayed for by the
United States
l. II the jury believe from the whole evidence that
James Devin gave to the deceased a fatal wound or
wounds with q deadly weapon, and John Devlin was
present aiding and abettng and that the defendants
committed said homicide under any provocaton howso.
ever great yet if the jury shall further believe that there
was sufficient time for the passion induced by said provo
cation to subde and for to interpose such hom
eide is murder.
O. This is precisely like the above except that the
names Of the prisoners transposed
g. If the jury believe from the evidence that the de-
ceased was married at the time he pretended to
enter into marriage contract with the sister of the de-
PENDANTS such fact is legal justification or excuse for
an assault upon the deceased either with or without
deadly weapon.
A. If the jury believe from the whole evidence that
either OF the defendants, under color of fighting upon
equal terms, used from the beginning of the contest with
the deceased deadly weapon without the knowledge of
the deceased and killed the deceased with such weapon
or the jury believe that at the beginning of said
test either of said defendants prepared with deadly
weapon to have the power of using it the course
Of the combat, and did it accordingly and with it
killed the deceased then such defendant is guilty of muir
der
S. If the jury believe from the evidence that the de-
ceased at about the time Of the homicide was com
uniting trespass against the property of Mrs Devlp
but not against the dwelling house. then trcspass is
notn law sufficient prOvocaon to warrant the owner
anybody else in using deadly weapon or in aiding
and abetting such and if deadly weapon under
sach circumstances be used and the trespasser be killed
by IT. such offence is murder although the jury shall
further believe that such killing was actually
to prevent the trcspass
g. If the jury believe from the whole evidence that the
defendants intended to kill the deceased or to do him
soinc great winch intention be inferred
from the weapon made use Of from any other ccum
stance in proof then such homicide is murder notwh
standing the jury may believe that the time of the
killing, the defendants had received slight provo
cation.
Z. If, from the evidence the Jury shall find that sud
den quarrel arose between the deceased and the prison
ers-and that, assault first committed by the de-
ceased blows passed between them and that in the
course of the contest after becoming heated therein
Of the Devlins under the influence Of such passion killed
the deceased by stabs inflicted with knife and that the
other Deylin present aiding and abetng in the com
mission OF the killing, or acting in concert with his
brother committing the killing killing amounts to
manslaughtcr unless the jury shall further find that the
PARTY who inflicted the stabs gave them in scEdeence
after rctrcatng rs far he could with safety to himself
and that at the time of giving the stabe he abore nm
der well founded apprehension Of great bodily harm
g. r. from the evidence, the jury shall find that one Of
the prisoners inflicted the sabs whereof the deceased
Thomas Berry, died, and that the other aiding,
abeting, and assisting hcrcat it is immateral which
gave the blows and both are responsible but If the
jury shall further nd that John Devn one Of the prs
gave the stabs and at the time of giving the same
insane still James Devn If he was present aiding
and assisting, is responsible.
g. 10 relieve the prisoner John Dcvlin from the con-
sequences of his acts In connection with the homicide OF
Thomas Berry on the ground of insanity the evidence
must establish to the minds of the jury, beyond all rea-
sonabe doubt that he insane at the time Of the
commission thereof and that the insanity was such as
to deprive the prisoner of the Of applied to
the acts in question, and the knowledge that he was
IT. .
10. the jury believe from the whole evidence that
sudden quarrel between the deceased and the prs
and that blows passed between them without any
intention to kill njire each other materially and
that in the of the scufe after the parties became
heated by the contest James Deylin killed the deceased
with deadly weapon and that John Devln was present
aiding and abettng in such killing peru and that
the deceased unared then the said defendants are
guilty of manslaughter
The above instructions ably argued by the several
counsel and, subsequently, Mr. BRAprEY for the defence
prayed for additional instruction of which the re-
porter was unable to obtain copy Upon the conclu
sion of the arguments the lists Of instructions were sub
mitted to his honor, and the court then adjourned
The FOURTH OF july AT GEORGETOWN COLLEGE. We
are indebted to Messrs N. S. HILL j. f. Mclaughlin,
and 7. A MADAM, committee of invitation for beauti-
fully executed card inviting to attend the celebration
to be given by the Pbilodemic Society of Georgetown
College Monday, July the 5th in honor of the natal
day of American Independence The students of this
emnentlypopuar institution never fail to do becoming
honors to the various national holidays which carry us
back to the glorious days Of revolutionary struggle
and which it is proper should he kept sacred and
fresh in the memory and hearts of the rising generation
In the selection of Charles b. Kenny of the graduating
class orator the president and faculty of the college,
public the utmost that the celebration of the
4th Of July at that venerable institution will not fall bo
hind the very best that have gone before H. The reader
Beverly G. Kennedy, of Louisiana, is young man of
brilliant endowments mbucd with the true spirit of
southern chivalry, and every inch American Penn
sylvania and Louisiana will be we'll represented in the