Evening star. [volume] (Washington, D.C.) 1854-1972, 1858-07-02
LOCAL INTELLIGENCE.

When our report closed, yesterday, Dr. A. w.
Miller was on the stand, he having been called
to testify as to tina mental condition of John 2.
Devlin. His evidence Is substantially as follows:
Has known the defendants some ten or twelve
years; knew their father and mother about thirty
years ago; witness's attention was first attracted
TO the condition Of ohm DevIinis mind about six
or seven years ago; had frequently been allied to
attend him for sieeplessness and nervous disor-
ders; be is what is known in the profession of
anervo-sanguineous temperament, easily excited
and qnick to take offence; regards his mental
condition as partaking of dsmsntia and moaoHd-
mia, which are forms Of insanity.
Mr.. Radcliffe asked the following questions
From your knowledge of the mental status OF
John Devln, and the facts proved on the trial,
would he be likely to commit the b mjcjde
charged in the indictment, under insane de-
fusion 9''
The witness replied that he should tbinl no
would that he was not then i'm a condition 10
distinguish right and wrong
Mr. Radcliffe then asked whether he mig hit not
be likely TO commit the act charged under an in
sane impulse!
The witness replied that certainly he would :;
the existence Of such state of facts as has been
disclosed in the evidence, would be likely con-
temporary insanity.
CToss-eZamined.-Has had considerable expe-
rlence IN diseases of the mind; was for fourteen
years In military hospital, where there were a
great many cases Of nostalgia believes John Dew
lln was demented man before Berry came to
the ho use on the 9th of pril and the appearan
OF man who had inflicted such injury would
naturally cause great excitement in one's mind
and IN this case probably aggravated the mental
malady under which the prisoner was laboring;
after his fathers death John Devlin was sleep
less Tor hts, and witness called to pre-
scribe for him; had to give him anodynes and
treat him as he would any other insane man.
mere the defence rested their case The prose-
cu.oh then introduced rebutting evidence
JohH Lynch, sworn.-Had known John Deylin
eVeI since he was quite a small boy; never con-
siueleu nlm as bright as the generality of men.
LOT some time past had not been on speaking
Terms With him; he had asked witness his opin-
ION ABOUT his efforts in defence of Mrs Ander-
sons case before the court and witness ex pressed
olsparaying opinion; and since then be had
hot Thought proper to speak TO witness; never had
any business transactions with him: on this oc
CASTOR, when lie had the conduct of Mrs Andrr
SON case, witness was on the jury and could not
MAKE any sense in what he said: he ATTEMPTED TO
ADDRESS the court and jury, but failed and wit
ness felt much mortified for him An ordinary
poy ten years Of age could have done better tina n
he DID, when Berry kept house three or four
years ago, he lived nearly opposite To yi,n.,s
has seen John Devlin visit Berry's house, never
saw his father 90 there
VIM n Langley, sworn.-Has known John
DeVilh ABOUT eight yt aTs; never had any business
transactions with him, but merely casual ac-
qnaint.ncei lived only one or two SQUARES from
MIN; MI Berry lived near witness two or three
fed!s ago, on one or two occasions saw John Dew
lin ana Berry together, but id hear their con
versation. This was before the death of the elder
Devlin.
Geo ShekelIs, sworn.-Has known John DevIin
about six years, but never was intimate with him;
have waited on him in the capacity of bartender,
at Hayward d Wilson's and Frank Benter's;
have seen Berry with him, some two three
Gears ago; they drank together, and appeared to
Ibe.on friendly terms; never had any other inter-
-009. sc with Devlin than that
Patrick MeKeaHa. sworn -Has known John
Hpevlin some zen or twelve years; his father has
lived in Witness nrig hborboOd for eight years;
knew very little Of the prisoner. except as TO his
hRl he nf -fa...
any conversations with ohm Devlin of a business
nature; did not know Mr.. Berry; had perhaps
seen him on two o. three occasions hut not oft. n
enough 10 identify him; some months SUBSEQUENT
to the marriage of Berry with Fanny Deylin wit
ness heard Of it, Mr.. Devlin showed witness a
New ok paper with notice of the marriage as
having been cOnsummated in that CITY; Mr. Dew
lin lived near to witness at that time
II E l.. heese, recalled.-After arresting John
Deviin took him TO the Jail in a hack at his ox N
request; have known him for six or seven wears;
about year ago. had some business transactions
with him; be gave witness a bill, and reQues ed
to have warrant issued against some PERSON
and The case was brought before Capt. Goddard
witness told Devlin. when he was arrested, that
he had better not say anything about the a,e:
told him he would have 10 20 10 iail. he ask.
witness to go back and see that the house wa.
locked up and his mother taken car. of, ard also
10 have the body removed; has long been of opin-
Ion that John Devlin was - 4 regular fool-somY-
thing wrong in the upper story" lie sometimes
as above descriDsd
Mrs. Fanny Berry, sworn-Was married to
deceased in IoJ2 in New York CITY: thinks her
husband was In New York during June, July,
August and September of last wear: cannot saw
positively, but believes he was; she has letters
which VIII show; witness was in New York
when her father died: went to New York from
w ashlngtOD previous to her fathers death: Berry
was then IN New FORK, where he had come f,om
Plttsbursi they afterwards went to Cleveland
ONO they travelt d great deal; witnesses father
NlIlts Mr. Berry while they lived in Baltimore
10 make a settlement and assist them IN house
keeping; john Deslin resided with them in Bal
timore snort time; thinks this was in 1855;
While VlnS AT the hotel on Zig Lth street witness,
made frequent visits home To her relatives; her
husband often came there after her, but was no;
kindly received lafterly; Berry had staid at her
fathers house over night VI Tia her fathers and
mothers consent, ia Is55; he came OH business;
Witness mother has said that she wanted things
Praceably aad friendly, since her fathers death;
was down In the city al the time OF the homicide;
Irlt note that day with her mother and the ser.
want girl, AID both knew about il, they saw wit
ness put II IN the table d awer; witness expected
Der husband there that morning; John Devlin
was present when the note was left; thinks he
knew the contents OF the note; thinks he heard
Tue request that the note should be given Berry
when ne cail.d
froSseTGnIiasd.-Don't think Berry was in
Baltimore last summer dOin. business; he NAV
have been here last summer, but does not know
exactly " neither he Was not; they have been
back and forth so much that witness cannot re-
member tue exact time does not remember ever
telling DR.. Phillips that her father had threat
ehed 10 shoot her husband last summer; witness
may have heard that her father an to get d pistol
To shoot her husband, hut does not know that he
got IL; head something said about the affair;
when wltnrSs went away from her mothers on
the 9Th o! i prii she left a note, which was adj
dsssed To Berry, and witaess told her mother r,
Catherine shea, and her brother John the cor
tents Of II; knows that her father had forbidden
her husband 10 come to the house; hef mother
Lad SOMETIMES invited her husband to come In
when he came there, bat not since he father :
death; wSs IN bed asleep when her hush md me
in the night after her. shortly before her hue-
baBC's death thinks he went away and came
back again; Berry was in Cleveland last summer /;
hS rame from Cleveland TO Il altimore; wien tie
note was left for Berry CatEeIine was Just out
side the kitchen door al the washtub witness :
mother was ia the Kitchen, ard John was in the
dInln, ToonIi the dorr. were oil open, aud they
must have all hsd d what witness said about the
mote, b"canse they said that she need not repeal
50 many times; witness spoke in loud
voice
Al O'Clock p. ia. the ccu!t adjourned.
F,Fru DAT.