The New York herald., 1878-12-05
Conclusion Of the Trial of William
Henry Devlin.
DRUNKEN BRUTALITY
Statement Of the Prisoner 10 Officers and on
the Witness Stand.
THE CASE GIVEN TO THE JURY.
TBY TELEGRAPH TO THE HERALD. I

preme Court at Cambridge. to-day, and considerable
testimony taken. The court room crowded
with interested spectators and considerable excite
ment was created by some of the evidence adduced
Devlin seemed to enjoy the smart things said by
counsel as much as anybody present.
Daniel NJ Hayes the first witness called to-day.
He is the officer who arrested Devlin His testimony
was Us follows:--
followed Devln to North Chelmsford. Aver juno
tion and Bellows Falls. Vt. where arrested him
December 10. lsII; tonnd he had bought ticket for
he was in the lookup; lie told me he went
home Saturday evening. or late in the after
noon. and found his wife sitting in the rocking
chair with the child i'll her arm the child's head
hanging over her ARM he told his wife. he said.
get up ont of the chair she didn't he slapped her
the hallway. through to the front stairs and went mp
three or four steps. when he took hold Of her and
her then to get up she didn't; he dragged her into
the kitchen and he said. kicked her three times in
the head: he said that the second time he kicked
her he told her to get up she raised her head the
second time and he kicked her. the third time
he kicked her no told her to get up aI-l she
didn't, and he said he supposed that the time
he killed her; asked him where he kicked her the
third time. and he said back Of the ear; he sat on
chair beside me while he was saying this; he jumped
my children p told him they safe with
their grandparents; then said to him. billy. they
you Of killing the child the baby" he waited
q moment or two and then said, Il suppose did"
but later he said ho fed the child before he left home
told him didn't know.
A COMPANIONS STORY.
James Devlin testified: Went to Devlins house
and saw the three children; the baby had shawl on
it. and asked him who taking of it he
said his wife was drunk in the next room went in
and saw her lying OH her side on the floor asked
| him why he didn't lift her up; got her on her
| feet, but she couldn't stand she moaning; he
said, LET her lie down again she will get her
drunken fit by and by" he put clothes under
her head and said Let her lie there; she will get
over it by and by couldn't tell whether she
drrInk or he tell m WI at ha hnd fO
her and l didn't ask him; I blood her face
and wound over her eye: Devlin and went out
and had q drink together.
DEvLIN's CONFESSION.
William H. Clemence Chief Of the State Detective
Force testified Was Chief OF Police at the time of
this occurrence: Devlin made statement to after
his arrest told him that whatever he told me would
very likely be used against him; that he was under
obligation to tell me anything: lie then gave me
his narrative he said he would like to tell the
whole story; took his narrative as he gave it to
me, verbatim, and have 1t here in writing;
he said what caused the difficulty in the first
place was the quarter of dollar; Friday
night previous to the murder he said my wife said
II have Ave seven cents shall send out for some
beer for you 2" said mo. have left off drinking
beer and hope you will do the same" saw she was
pretty full; finally consented to drink the beer
drank the first glass and she drank the second:
she fell down three four times and / slapped
| in her arms went after her and took the child;
she started after and fe broke her fall with my
and tried to get her MP; strashtened isr Dart way
and tried to pun her into the bedroom: threw basin
Of water on her to bring her to- but could not make
she was dead drunk; said, Leave her there"
went out and drank glass Of whiskey apiece; came
back and found my wife lying there; fed the baby
with cornstarch and milk couldn't get my wife up:
got so provoked that kicked her on the head and
left her lying there went and got another glass
of whiskey: came back and tried to get her up but
coudn't then gave her kick IN the back with my
boot; fed tho baby and got in bed with the children
stayed there until morning and got up and
warmed some food for the baby and fed it; we
all got back in bed and stayed there all day my
bed room; didn' look TO sec whether she was dead
alive; all stayed in bed until Monday morning.
wife aud found she was dead; didn't know what to
do when saw she was dead finally gave my boy
ten cents. got $40 and went of. and was afterward
arrested at Bellows Falls upon recollection raised
my wife by the hair Of the heal two three times,
when she fell back the floor; have the impression
that it cut her head; it bled pretty freely.
James Devlin recalled. and testified that he was
arrested accessory at the time OF the tragedy.
THE DEFENCE.
The government rested its here and the open
ing for the defendant Was made by Mr.. William II.
Anderson who after defining the different degrees Of
under the influence of liquor Ut the time of the
mission OF the act to be unable to be in state Of
mind to commit the offence OF murder in the first
degree.
THE PRIsoSER's TESTIMONY.
The defendant was next placed on the stand, when
he gave the following story of his life Was born in
Dublin. ireland: am thrty-seve years old: in
the service Of this country from 1861 TO 1865;
wounded many times: received n sabre cut on the
head from which piece of bone came out was hon
oraby discharged account Of injuries received in
the service; draw pension; since my discharge have
been affected several times with dizziness when
drink anything get wrong in my head: my head
would got so that didn't know what doing
the heat OF the sun also aggravses the trouble:
married July -. 1868, at ST. Abans. VT: came 20
Lowell eleven years ago. Witness detailed the vari-
ous persons for aud places in which he had worked.
When came home. Just before the tragedy found
my wife sitting in rocking chair with the babe in
her she under the influence Of liquor: told
the children was going TO the City Marshals ofce
tn get them plare 10 live. as would not stand their
mothers drunkenncss drank about ten drinks before
| went home; was pretty drunk when l went
in, ,,a about halfp four and my wife ascep in
q rocking chair with child in her arms: woke her
up by giving her slap; she got up and started for
tho door she started to mp stairs; took the child
ont of her she went mp stairs and asked her to
come down and get my supper: she started to come
down and fell; was Mt he bottom of the stairs:
tried to her with my right arm she fell and
took her into the bedroom: never used knife on
her; have recollection of H. Mt the time she fell
down stairs the two boys in the house: girl
out went ont and got half pint of liquor: went
ont with James Deviin and drank two bottles of
whskey; after while | sat down in q
chair and went to sleep: then went
to bed and stayed there till eleven o'clock Sunday
morning: got up. took drink and went back to bed
and stayed there until Monday morning: not per.
fectly sober them looked al my wife then and found
she dead thought first of giving myself up then
thought would co 70 my sisters at Rutland Vt;
had some liquor with after my arrest at
Bellows Falls; Police Officer HAYES OF Lowell was
gcptlenanly enough and kind enough to let me
drink on the way: was somewhat intoxicated when /
made my statement 10 Officer Hayes and to Mr..
Cleinence; was somewhat intoxicated when arrived
in Lowell
On cross-cxaminntion the accused contradicted
himself several times, hut in tho main held TO his
original statements He said he had no recollection
of striking his wife before the night she died although
he compelled to acknowledge that he had bccn
arrested for abusing her: he further stated
don't remember anything about IL: didn't feed the
baby sunday morning; the children fed IL; don't
remember anything about my wife from saturday
night until the following Monday morning: woke he
tween ten and eleven O'Clock sunday morning. hut
didn't notice my wife; sat the side Of tho bed
rpE mt Of hptt my ~ kcf md stt 10,
sleep again; at the battle OF Bull Run. "whcre
did yon run to = inquired Attorney General Train
II ran to Washington said the prisoner. conyulsed
with daughters 'and you would. too if you had been
there" The quickncss and point Of the anewcr
frightened for an instant with fitting smile the
the Judges jury, counsel and curious gazers
and then each face assumed its wontcd air Of due
solemnity.
The prisoner removed to the antc-rcom and
his head examined by DR.. Harris. but evidence of
n sabre cut WIS found
After one or two witnesses had been recalled the