The Washington union. [volume] (City of Washington [D.C.]) 1857-1859, 1858-07-02

CRIMINAL COURT TRIAL OF THE BROTHERS
DEyI.IN FOR MURDER. 81~

L
Mr.. smith early in the morning at the Farmers Hotel
wtncss left and went down Pcnnsylyanis with
Mr. lcrry went into Werner restaurant, and Smith
came In and drank glass of lager beer with witness
smith had previously drank cock tail that morning
wentinfc Rupps afterwards, where the whole party took
drink witness after went to Georgetown bust
and returned in the afternoon, and then in
formed OF Berry murder shortly after witness saw
suiith ut Mrs Devlins house; witness much ex-
cited, and the others excited also could not say
whether Smith was drunk or not
JoHS WALLACE sworn.--Was connected with Mr. Berry
IN the directory business and deceased the day of
his death with deceased most Of the day parted
with him at MIR. McPhersons corner, ON Capitol Hill
the whole party including deceased had been indulging
in ardent spirits pretty freely that day Has been with
Berry to Mrs Devins house it was few DAYS before
his death Berry knocked at the door and Inquired for
is wife he somewhat excited by liquor at the time
female voice replied that Fanny not there Berry
then said that II the door WAS not opened he would
"break It open sooner than II could scorch feath-
Ell Fanny then came out and went away with the
deceased witness went up there at the persuasion
of the deceased 1t late at night and most people
had retired On the afternoon OF Berry, death he was
much excited by liquor, and wanted witness go to
Mrs Deylins with him witness declined going. Saw
Mr. smith soon afterwards who told witness that Berry
dead Smith not sober then, and he Ind been
drinking frequently during the day witness is certain
that Smith end the party at Hamns that after
noon, and believes they wsne at Caspmsws also. =
Coss-eramiaod. When Fanny came out and went home
with Berry, It only four five minutes after he had
inquired for her she dressed, with shawl and bon
aet On the day when deceased was killed he told
witness that he was going to Mrs Devlins for shirt
and asked witness to 20 with him Smith present in
tho hack and heard witness decline going Smith volun
tecrcd 10 CO.
FRANK RlLxy sworn is guard at the Jail knows
thc prisoners the bar was at the Jail when they were
committed never thought John Devn very sane man
whom he was brought to the Jail he came in carriage
aud he paid the fare but hours after witness spoke
20 the prisoners In consolng manner has since seen
evidences of insanity in John witness has had to sep
rate them; John has bitten his brother severely and
checked him. James begged witness to separate Them
as he was afraid of John has John in his cell talk
ing to the wall in this way Look at me in the eye
sir, and tell me If your testimony fact On another
occasion he commenced coughing if he trying
clear his throat and said that he had sh bone in his
thrcst witness knew that he had eaten fish wit
ness pitied his condition. and resorted to strasgem by
going down stairs and getting herring bone and when
John coughed again witness dropped it the floor and
then picking 1t up, told him that there it after that
the prisoner stopped coughing and seemed to be better
witness has seen other evidences Of insanity in him. and
told other persons of I'll has known John Dcvlm for
several past and always considered him somewhat
lnans has heard his strange conduct commented upon
by Others believes that lie does not at all times know
what he is doing John Devln is not drinking man.
and never was; witness has always considered james
Devn very moral young man, and his character has
been irreproacfabe.
JOSEPH $. Bradley, senior, sworn.--Has known John
y Devlin for several years Shortly after his fathers
death, which took place last fall John came to witness
to take advice about the settlement of his fathers prop
could not make out what desired q memorandum
was made out in writing by him, but that also unin
teigble 10 witness In the last October and January
terms Of the court witness noticed strange peculiares
an the conduct Of young Devin, who then practising
ut the bar here In conversation with him. witness
ccd that he could not keep up connected ton
but his mind was continually wandering. When witness
hst noticed this witness regarded it merely weakness
OF mind but afterwards decided indications of
insanity When Devin arrested after Berrys DEATH
he was brought to witnesses Office, but his appearance
Xl.4,x a. -.l-
Office with him. remarking that he evidently not re-
sponsible for his actions but would have to be mps
oned rs matter Of course whether he insane
From all that witness has of him. has been under
the impression that John Devn is incapable Of taking
care of himself
w. b. WEBB sworn.--IIas some slight acquaintance
with John Devn, member Of the bar here; has al
ways been impressed with the notion that he
trio and peculiar and rather weak in his mind Witness
remembers one instance in particular which occurred
about the termination of either the October the jan
nary term Of this court There were but few persons
present in court, some law question being dis
cssed and witness noticed John Devlin sitting here all
day with one eye shut, and if he caught anybody
looking at him he would laugh. Witness called the at
tention of two members of the bar to it, and Dow
lin seemed to be very much amused at it himself. He
seemed to be perfectly sober at the time From what
witness has seen of him. it is his opinion that his mind
Is so weak that under state of excitement he would do
many things that no sane man would do.
GEoEGB w. PIIIIIrs deputy marshal) sworn Has
known John 81 Dcyln four five years on one occa-
eion, about six months ago witness sitting at the
marshaFs desk, and Deylin in with eye glasses on
and witness went up to him and spoke to him in friend
ly manner and proposed to exchange eyeglasses with
him Devlin became very much excited, and said that
he would have witness brought up before the for
Offering to trade eyeglasses in the room Devlin
did not get his excitement for long time he after
wards sat down and commenced drawing up a petition
and witness supposed that it his intention endcayor
to get witness expelled never what Devlin wrote.
WnLIANA WHARTON worn Has known John S. Dcvlin
for several years. and often remarked to other people that
he must be derangcd Witness present the
sion alluded to by Mr. Phillips and corroborated his
statements in regard to the affair Of the eyeglasses
Wlsr d. ROCKER sworn KNOWS the defendant John
- Devlin, but not intimately has known him about
two years. Witness attention has been called to the
singular advertisements in the papers Of Lawyer John
b. Deyn, md has many circumstances about his
conduct which led witness to think his mind was i'm
paired
HssRr BRsNEn Has known both the defend
ants for about twelve years. and for six years very wc
lives right opposite their house their characters have
been good -nonc more Always thought John was
very weak minded and his remarked that he ought to
have guardian has heard him say that he had so
much business of the circuit his hands that he
had to employ Mr. Bradley and Mr.. Carlisle and Others
to assist him He appeared to be serious in making this
assertion Witness has John Deylin have a knife
like that exhibited in court regards him as very cx-
citable, and his mental condition MS bordering on insan-
hy Witness supposed if he allowed to run at large
he would become perfectly insane does not think he
would hurt any body unless he provoked but when
excited does not think he knew what he doing or
was re- sponsiblc for his actions.
DIR. A. w. MILLER sworn.--I Has known the defendants