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

The United states finally closed their evidence
here ''uei'1o
Mr.. Radcliffe stated that the defence was also
through. He now proposed to arrange so as TO
close the case without argument that the defence
should oner set Of instructions to the iurv and
az 'ne ooun 10 grant them and the prosecution
also prepare a set Of instructions: then let the
court grant such as II thought proper, and the
ca1e 60 10 the jury without further argument
10 this proposition Mr. Ould, for the prosecu-
ton, assented
Mr.. Ould then offered the followino ss,,es =,
instructions:
l. II the jury believe from the whole evidence
Inat James Devlin gave to the deceased a fatal
Tohn LOW OF wounds with deadly weapon, and
John Devlin was present aiding and abetting.
ana that the defendants committed said homicide
under any pTovocation however great vet ~ m.
Jury shall further believe that there was cient
time for the passion induced by said provocation
to subside and for reason TO interpose snch hon
icide Is murder - AoA'
, This is precisely like the above. except the
names OF the prisoners are transposed I
j. III the jury believe from the evidence tia. tbe
deceased was married man at the time be nrr
tended To enter into marriage contract with the
sister OF tne defendants, then such a fact is no
ssdI Jusuncatlon or excuse an assault upon the
weapon NeUy
III the jury believe from the whole evidence
that either OF the defendants, under color of
nEhunS upon equal terms, usei from the begin
nlng OF the contest with the deceased a deadly
weapon without the knowledge Of the deceased
and killed the deceased with such wea non :. or
IL the Jnry believe that, at the beginning of said
contest either OF said defendants was prepared
with deadly weapon, so as to have the power
OF using in the course of the combat and used
II accordingly, and with IL killed the deceased,
then such defendant is guilty Of murder
5. III the jury believe, from the evidence that
the deceased, at or about the time of the homi-
eide was committing trespass against the prop
erty OF Mrs. Devlin, but not against the dwelling
house, then such tTespass is not in law a sum,
no
body else in using deadly weapon, or i'm aiding
aud abettlng such use; and if deadly weapon
under such circumstances be used, and the tres
passer killed by IL, such otfeRce is murder al
though the jury shall further believe that such
killing was actually necessary to prevent the
trespass.
6. IL the jury believe. from the whole evidence,
that the defendants intended to kill the deceased
or to do him some great bodily harm, which in
tention may be inferred from the weapon made
use OF, or from any other circumstance i'm proof,
then such homicide is murder, notwithstanding
the jury may believe that at the time of the kilt
Ing tue defendants had received slight provo
cation
MUNICIPAL SQUABBLE-Ths City Councils rs
the Mayor.-Thc Board ofAldermen met yester-
day, having been called together by the Mayor
The Chair laid before the Board the following
communication from the Mayor:
MAYORS OFFICE, Washington, July 1, 1853.
To the Board Of Aldermen:
GESTLt MgN-I have deemed il proper to con.
vene YOUR honorable Board this afternoon for he
purpose OF having You dispose Of the nomination
OF Noble Thomas for lieutenant of Police now
before you, in order that the ''Act to organize a
police system for the city Of Washington and
To reduce the several acts in relation thereto into
one" approved June 30th 1858, may he put fully
Into practical operation without further DELAY
Very respt ctully,
JAMES 6 BERRET, Mayor.
The communication was read and MIR Thos
Miller moved that the nomination of NobI, I
hon n
considered
some scusSinn cnsued, aud finally Mr. A w
Miller submitted the question whether this was
a legal meeting under the charter, which in ref
etence 10 special meetings OF the Councils pro-
videS that the Mayor ''may convene the two
boards when, in his opinion, the public good
nav require it - &
M. Riggs msved the appointment Of com.
niltteeJ 10 consist OF two members, to wait on
the CorpoI alton Attorney and obtain his opinion
IN relation to the question submitted which
motion was adopted
MessTs. Riggs and Smith were appointed 70
constitute said committee
After lapse Of time, the committee returned
with communication from the Corporation At
torney, as follows:
OFFICE CORPORATION ATTORNEY,
If. July ], 1873 pm.
COMMITTEE Board Of Aidermen:
GRSTLEMsN: The power granted to the Mayor
to convene ''the two Boards, - &c does not seem
to me to include the power to convene them sep
arately. The 1.-TWO Boards" together have powers
which cannot be exercised by either sepa, atelv
IL IN 10 this JOINT action that the Charter looks
In my opinion, when Ii authorizes the Mavor To
convene the a. fro Boardsn
The Constitution Of the United States upon
which, so far as applicable, our Charter seems TO
have been formed, exempiifes this distinction
The President is not only authorized to convene
Rom Houses. but, expressly, either of them
Win this distinction, taken by such high au.
thority, am unwilling to advise that the mower
TO convene "ths 'tro Bodrds'' embraces the
power to convene sHher Of them SEPARATELY
J. NJ. CARLISLE, Attorney.
The above communication settled the business
as far as the Board of Aldermen was concerned,
and they thereupon djonrned
IL Is generally undci stood that the two Boards
will be called in special meeting, this evening at
b O'Clock.
THE GEoRG sTOwN COLLEGE GREEK ACADEMY
The large lecture room OF Georgetown College
was used yesterday by the Greek Academy at
tached to that venerable Institution for its fist
annual celebration. Quite d number of ladies
ana gentlemen, invited guests, took seats in the
hail. and soon after tae opening hour announced
procession which had Prevousl v formed I'm the
college hall, entered the lecture ROOM where
atnei CallagaD, President of the Acsdemy
Proi. Alex Dmitrv, Col. Pickett, late United
States Consul a. Vera Cruz with a number of
others, took seats on the platform
Professor Alex. Dimtry was then Introduced
10 The auditory by Father o. Callay and held
his auditory spell-bound for some lime in a
chaste and classic dissertation upon the Greek
Literature as exemplIfed by Herodotus and Thu
cidides.
The President OF the College Rev. b A. Ma.
CURE, D ID then bestowed the diplomas of the
mae e h1cadrHy upon the following young gentle
men men Jas. r. Spiiiissy A. nj I, of Ireand Manuel
Garcia Zuniga, A. NJ, OF Uruyay; JobnF Cal
Ian, \. Of the District of Columbia: Eupene
Digges, b., of Maryland; Francis Lancaster,
Ii Of Pennsylvania; Emile Rost A B of
Louisiana; Nicholas : Hill, of Maryland: Bev-
erly e Kennedy, of Louisiana; Chas II Kenny
oiPennSylvania; Philip A. MADAM, Of Cuha; ca,
Irb Z Ma2ruder, Of Maryland; L. John O'Fiynn
OF MtchigIni Samuel Robinson, Of the ID strict
OF C"iumhlai James 4; Wise, Of the District of
Columbia; Edward Woolten, of Maryland
DIR M. accompanied this portion Of th. exer-
clsts with an address to the graduates; which
was well received.
Then came the Valsdictory, by Ed. WoolteD
Esq which was beautiful and appropriate
This closed the exercises
After pGrtakiDg of the hosptaities of the Col.
iese, the guests departed, hi. hly delig hted
The WEATHER.-Range Of the thermometer
from Thursday noon, June ~, to this morning:
Morning. Noon. Night