The Washington union., 1858-06-30
LOCAL INTELLIGENCE.
CRIMINAL COURT TRIAL OF THE DEvLIN
IIsOTHERS FOR MURDER

CRIMINAL sCOUHT-TRIAI4 OF THE DEvLIN
BBOTHERS FOR MURDER
TucsIdy, Jsse 2s.-The court met at tho usual hour
BY consent OF the counsel both Sides Mess johnson
and Miles, two of the jurors in the pending case were
cused from service in consequence of sickness In their
lsmilics. number of additional tales menwere accord
ingly summoned, from whom to select two jurors to
In the place Of those excused and having made
taslr appearance, Mesms. f. f. White, G. L. Barbour,
William Il. Deale, James Ward, George L. Cripps and
Richard Simns found to be disqualified by reason of
having formed expressed opinions in reference to the
guilt innocence Of the prisoners William Miles was
challenged and Mssss. John Scrivncr and Jerome II.
Wroe were sworn Thus making tho jury complete The
charge against the prisoners then read to the jury
The witnesses for the prosecution then called aud
sworn and the was opened tho part of the gov
eminent by Mr. Cross, In address to the jury, who
stated that II both the brothers present and prvy
to the MURDER matter which struck the fatal blow
both equally guilty he also related Of the
circumstances in relation to the previous ceng which
had existed between the prisoners and their broth1ein
law, the murdered man. and stated what the prosecution
expected ts be able to prove Although the indictment
for murder, yet 1t would be competent for the jury
they thought proper, after hearing the evidence to
bring In the prisoners guilty Of tho lesser crime Of man
slaughter the law In relation to the distinction between
murder and homicide would be laid down by the court
after the evidence should have been given The jury
to try the according to the law and the evi
dence dsregarng al outside considerations or sympa
thios which might hare effect upon the mind and
closing their eyes to NIL those provocatons to such
deed which were, In the view Of the law, no
jiistiiable provocations. Should they, in such dis
charge Of their duties find it consistent with their
osths to acqut the prisoners, none would more
sincerely rejoice ut such result than those upon
whom had dcvolved the duty Of acting In behalf Of
the government this occasion for they the pros
cc,tos but not the Prosecutors of these unfortunate
young men,
Mr.. KENNEDY made the opening address on behalf Of
the defence. He alluded to the nature Of murder
offence against the social te against the Laws of society
and against tIc Creator who alone give life and
who alone has the right to take ii away but he contend
I'd that it impossible that two young mon who had
from their infancy been aabe and inofensivc in their
habits and dcp0gtmcnt, SHOULD have sNlienly changed
their characters aI become such mon monsters " to Le
guilty Of prcmcdihtcd. cold -blooded murder. Mr.. K
then went on to aludc ~ the wrong which had been
committed by the deceased u the sister of the prisoners
and to their brooding to such extentas to un
hinge the balance Of their minds and render thcmat times
incapable Of distinguishing botween right and wrong
He also contonded that tho view Of the which had
been given by the prosecution very different from
that understood by him. and closed his remarks by
ting that the defence claimed frt that James Devln
not the actor in the de and only made such resist
be could when assailed by man more powerful
than himself and then only with such weapons as
nature had given him. In the next place. If the evil
dence should implcatc him the doer Of the deed he
claimed that 1t done under such stern necessity for
nelfpreservation tho law permits IT, the other
hand should turn out that John Devlin did the deed
then If there he other defence he thought 1t sufficient
to aude to the condition Vt bis mindtIlat ut the
ment his reason WAS dethro4ed his long seated maady
excited and aggravated by the outrageous conduct OF
the deceased, and vrulence diTused through
out his natnrc md for moment the conduct Of the de-
ceased overwhelmed his conscience reason and Judgment
and made the net done by him not the act Of voluntary
agent but the involuntary oct Of hody without the
reasonable doubt the minds Of the jury which of the
brothers guilty, he should claim the acquittAl Of
BOTH as It was better that niney-nine guilty persons
should escape than that innocent person should suffer
DR.. a. W. Mtr called for the prosecution and sworn
Made an examination Of the body Of Thomas G. Berry
after his decease the s wound was near the shouer
blade between that and the ribs going down towards the
back bone about six inches DEPTH and an Inch
or more In width the next wound between the fifth
and sixth ribs passing through the left lobe of the lungs
and into the left vcptce Of the heart passed through
the sepfum OF the heart and into the right vencle
nearly transverse, b slightly descending; the next
wound was between the tenth and eleventh ribs going
downwasds and entering the ntestnes There were other
smaller wounds, and the face was somewhat bruised
When the wound Was given which pierced the heart 1t
was probable that the left raised and thrown
back and the chest thrown forward that IL the only
position Of the body which would make the external and
internal wounds coincidcnt The wound might have
been made by drkknifc, such shown to tho
Witnesses The other wound that pierced the intesnes
would have been fatal. Berry about Rve feet
ten inches high and would probably weigh about I60
pounds was very muscular, powerful man. James
AVvuu y " uAscH thau tne 0cccu6c0
John Devn OF very nervous and excitablc tcmpera
ment and Of rather weak intellect.
Samuel f. .SmxA sworp.--Was present at the tme Of
Bcrry's death. Witness was engaged with deceased
In the directory business tie day Of the murder
went with deceased and some Others 10 collect some
bills on CApitol'l HILL and other places, In hack
WAS near the place where Berry's wife was staying
and Berry requested witness to 20 to the house with HIM
nes dh and remained In the hack while deceased
went into the house 70 change ha nen as deceased re-
matned In the house long witness started TO 70 In to
why he detained and saw deceased coming ont
not having changed his linen; he Was followed ~ tho
Two uovns and tAe Uther tho hitter said to witness
they ~ gong to Interfere saw no appear
N anger to fD Of either Of them; Berry sad 10
witness, II atand to my own business to the
hack and Win n VIM you u two three minutes
Witness turpSd 70 comply With thA request but just be-
and not word pAsd that witness heard when witness
turned third person near Tho Devltns aud Berry,
whom wtnsssceua ~ t6aty: The younger Devlin hid
Berry down, and the taller btothes held HIN while the
younger one stShhsd him thyt& of ibur es wh witness
was looking on; wtness went o aef xsance the kuls
Wa shown 70 The wttnsss who ideuu1td Il ~ The ono
used On tho ocra1ton The uuknowa p3rp0n W. sleo
hcding Berry e were On he ritt uIlc u hlua Whsn
they came out of ~ house. Berry M h xdvnncs and
ths othsfs ln1aielMeeiy b4hind Aim. WIEN wines
tuEnsd - NecAl ~ tats, ney - eutlrsiy down
wttueeg 9gWy1 ~ IA ex1As were iousd Oh ~
body of he IA 91lk ~ 6n1A .ss. .s]
y Gu~ xnre SksA Al cams ont4l ~
llom. NeYe2 Slds1 teusx ~ ~ na1alS ~ musdsf,
~ shs yo1nSs v''n The ~ hs y y witness b.
aySM