Evening star. [volume] (Washington, D.C.) 1854-1972, 1858-07-03
LOCAL INTELLIGENCE.

three additional instructions were asked by the
governments counsel:
4. III from the evidence the jury shall find that
.snddeh quarrel arose between the deceased and
the prisoners, and that blows passed between
them, ana that, in the course Of the contest and
AFTER becoming heated therein, one of the Dew.
IN 5, under tne influence Of such passion, killed
Tue deceased by stabs, inflicted with knife and
the other Devlin was aiding and abettinv in the
klIllng, and acting in concert with his brother
~ sb amounts TO manslaughter, unless the
Jury snail IhFther Ind that the party who infict-
"a the sta6s gave them in sef.defence after re-
treating as Tar as he could with safety to himself
un9eI 4 "el-founded apprehension of great
Oodliy harm and the danger SO imminent
'ndt ~ could not retreat with safety.
> III from the evidence the Jury shall find tb.,
one of the prisoners inflicted the stabs y,,heraot
the decreased, Tho mas n Berry. died. and ~,
TOE other was aiding, abetting, ard ASSISTING
thtTeat, II Is lmnateTidl which gave the blouv ~
Doth are responsible; but, if the iurv nh SO
theT md that John Devlin, one of the nrisonars
gave the staos and at the time of giving the sam.
was insane, still James Devin, if he was nressn,
AIDING ana assisting, il responsible f
III The jury believe fIOm the whole evidence
Ina' suu Den quarrel arose between the deceased
auu tue prisoners, and that blows passed between
them without any intention 10 xiii ar ininIs -
otheI materially, and that in the couIse Of tba
sue. aIter the parties became heated by the
Sohtest' James Devlin killed the deceased with ,
deadly weapon, and that John DeyIin was nres
en' aiding and abettng in such killing, or rir>
.erSd, and that the deceased was unarmed then
Nj Kennedy then Submitted the foIiowing
Instructions on the part OF the defence
III rom the whole evidence aforesaid the
Jury oeileVe mat one OF the prisoners at the bar
did, with malice aforetbought infict upon the
person OF Tue said Thomas b Berry, in his life
! Inn, me wounds whereof he afterwards died,
mn are in doubt "a to which of the said prisoners
so lnh'cted the said wounds their yeIdict ,nu.t
not guilty. as to both, unless from the evil
uehCe aforesaid they further believe that at the
time the said wound. were ipaict,d ,bs r.i.o one
oheIs acted together by preconcert and with m.
intent 10 XIII the said Thomas b Berry, or to do
MIN great bodily harm.
= liz, tom the evidence afore~.id The ;,,,,. L.
IeTe lhat me wounds whereof the said Thomas
b. Berry died were inflicted Dy John : DevIin.
one oI the prisoners, but at a time when his mind
was 80 diseased TO be unable 10 undsr.tand ~
Eue nature of the acts which he then did and IN
eshsulsh between right and wrong with refer
ehce 10 said acts, their verdict mist I've &c no,
guilty as TO him; and also not ruiItv:, =. 70
James T. Devln, the other prisoner unless tbev
.'ne' orIIeVe, from the evidence aforesaid that
tne SAID James, with malice aforethought caused
wounds aforesaid INC '"iu
. III the jury believe, from the evidence that
Jaues DeVlln, one of the defendants. committed
tue uoMiclde charged in the ind ctmeut and that
al ihe time thereof he had reasonable ground to
ns.HaS MS, MS ne was In danger, or that the de-
Cedseu would do him 2revouS bod ily ha I'M then
they ought TO acquit said defendant. although in
TACT the said defendant did intend to take life or
lhnct severe bodily harm
4 III from the evidence aforesaid the iurv shall
oee'e mat roT several wears prior TO, and al the
death OF the said Berry, he had been prohibited
Dy the lawful owner. possessOr, and occupants of
~ he premises wherein he met hi, death, from en-
-lenn2 the same; and that he had repeatedly en-
tered tn" same with threats and violence and
fssnliI>t the Will Of said owners and occupants
qua nId IN enter on the sdId day of his death;
that the said owner and occupant was a widow
sund the prisoners her two sons, and that she had
no protector, except her sons; and that being or
LSeieu on ny The mother of the prisoners the said
berry refused to quit the said premises then the
prisoners. in obedience to the wish of their said
mother, and, az her agents. had the right TO rx-
pei said Berry from the said premises and 10 use
al heediuI force for his expulsion; and if BY rea-
son OF his resistance to their efforts to expel him.
ana 10 prevent great bodily harm to themselves
became necessary for their own protection to
Kill him, they were not bound To retreat as in
ordinary cases, and the killing is excusable, and
Tue prisoners must be acquitted
The instructions Were ably discussed by the
various counsel; during which Mr. Bradley
PRAYED an additional instruction on the part of
tue defence. The arguments upon the instTuc-
lions were not concluded when the Court adj
jOuTned.
The prisoners were brought into Court and
placed in the box
Mr.. Ouid replied TO the arguments of the de-
fence, on the instructions VIII! b had been prayed
hr cross followed closing the arguments.
The instructions were answered by the Court,
VINO reIni' ked upon them at considera Die length
and instructed the jury to how they Were to
be applied by them in considering upon their
verdict. A number Of them Were mod ned con.
sideTbIy by the Court in commenting upon them.
The case was then closed, and the jury went
to their room.
OUR PECULIAR lNsIITUTION."-The public
" Washington familiar with the leading
characteristics. Of the band of young men who
delight in the sobriquet Of Rams" Their
peculiar ~ Ploits have for year past been duly
recorded in the city's police reports CONCERNING
tier very last, We have received the following
note from = A Lady which We publish by wav
OF proving the eternity of the truth that there is
Ihdted, mo accounting for difference in tastes =
WAsHINGTOS, CAPITOL Hull
June 18th, 1-JS
nv Edtt0T: saw an item in your local col
un4n. On the twenty second llh2j instant, stat ~
thdt party OF young men VINO call themselves
The = Rams went down to Fort WASHINGTON
where there was Baptist Sunday school from
the NAVY Yard, and that they went around the
grounds yelling and showing their revOlveTs
ana seyin2 that they would spoil if they did not
get a small spree.
Mr.. Editor, pronounce TIE whole of the above
Statement false In the FIST place, they started
Tor the Fort on d small pleasure party There
were but six of them in the small baG ye that they
had, and they landed al the Font ard then went
up to the spring. knew all of the party except
one When some OF the Navy Iafd boys (as
must call them, for they did not act a< men and
gentlemen ought TO have donr,l heard that they
were at the spring above, they went around and
commenced to get crowd up to- give them a
good whipping. But they could not get enough
That would stand the smell of puupoyder So
there were six of the Navy Yard Sighting men
as they call themselves, started up to the Spring
dho Iucs met Two OI young men tndt called
themselves the Rams with d couple Of Young
ladies coming down the road myself and
two Others We're blowing on bchn nd; and as thew
passed the Navy Y 1rd men, one said pretty loud
That j, was good thing that they are with those
two youn2 giTls, else we would give them hell
And then one of the crowd proposed 10 follow
them, and they did But before left their com
Panv the other four came down from the spnmg.
and they all went together the balance of the
ddy; and fell in with thrIu several times during
The day, and thou. ut that they behaved them
selves far better than those that talked aboUt
them. Mr.. Editor, don't uphold for no crowd
but like To give every party their du.s. Please
publish this this evening, as all of Your
subscribers. fOutS, LADY.
SH 7 AT.-Last night shortly after twelve
O'Clock, physician of the Second Ward on IT,
tanning home f-1m professional visit in Tenth
street, island ii ed at he passed the west
WIN of Lhr Smithsonian bnild NJ As b..