Newark evening star and Newark advertiser. [volume] (Newark, N.J.) 1909-1916, 1913-07-09

off just as his hand broke away from
it."
The tension in the courtroom was
at its highest point Just then, when
circus parade went by ouside The
blare of the bands interrupted her
testimony and all but ruined the
atmosphere she had been working so
hard to create.
II didn't pay any attention to
Considine," she said when she could
make herself heard. Il picked
Jimmie up and carried him to the
kitchen. I was dreadfully frightened
and excited. 1t was fully five min
utes before l could revive him by
pouring water over him. He had
been knocked out cold"
After that she said she did what
she could for Considine and sent for
q doctor.
On cross examination her story re-
manned unshaken.
Patrolman John Ruohn was called
by the defense to identify the shirt
Devlin had worn on the day of the
shooting. The shirt was in shreds.
Mrs. Anna Devlln. the prisoner S
mother, took the stand to discredit
the testimony of her ward, 14-year-
old Anna Devlin, who was the prin-
cipal witness for the State. She said
that she had taken care of the girl
since she was years old; that the
child had suffered from ST. Vitus
dance and fits of anger and that she
had always been incorrigible.
lARA ,l hAq
noon and, after a few witnesses were
called by the prosecutor in rebuttal.
Gonsidine's Statement Excluded.
Then the defense scored its biggest
victory by keeping out of the case
the statement made by Considine
when he was dying in which he gave
his version of the shooting. In that
statement he asserted that he had
handed his revolver to Devlin, saying:
"If you think I did that. Jimmie, take
this gun and shoot me-"
When the prosecutor offered the
statement in evidence, Mr.. Maidment
protested on the ground that the
physicians who had testified had said
that at the time Considine had made
it hopes had been held out for his
life and that, therefore, the statement
was not, in legal sense. an ante
norton statement. Judge Parker up
held this contention.
The States case relied on this state.
Richard II. Fox, chief of police oil
Cliffside, from Considine in the pres.
ence of witnesses at the North Hud.
son Hospital on the day after The
shooting. The statement had beer
signed by the policeman.
The only ante-mortem statement thu
State was able to make use of wal
one of no great value by itself OBJ
| tanned by County Detective w. d
Blauyelt. Considine had said to him
Il know 1 am going to die; Jimmie
Deylin shot me-
The lawyers summed up this after
noon.
| Late yesterday afternoon Anna
| Devlin, the 17-year-old first cousir
Of Devlin, gave what was. on direc
examination, very damaging testi.
mony against him. But on cross-ex
animation Mr.. Maidment obtained ad
missions from her that practically
| upset her direct testimony, an6
showed by the testimony of witnesses
called by the defense that the CIR
was either deliberately lying or els,
was mistaken.
The lawyers for the defense Chart
ably took the latter view. stating
| that in their belief the girl was
mentally incompetent and that tn,
| story she told on the witness stant
was mainly concoction of a dis
ordered brain"
| The girl herself rather strengthened
this presumption on the witness
stand by weird statements as to whai
took place at the time of the shoot.
ing, of which she claims to have beer
an eye witness. But 1t Is commended
| by the State she was not inside the
Devlin house at the time. but, instead
| was outside on the street. This con,
tention was upheld yesterday by fiv'
| witnesses who saw the girl ON tn,
street Immediately after the shot hat
been fred.
She Re-enaets Tragedy.
| The girl had testified that she hat
| stood in the hallway of the house FOL
| fifteen minutes after Devlin had fire.
| the fatal shot. She also, on direc
examination. said that Devlin hat
held the gun for fully five minutes
after 1t had been handed to him b,
| Considine. On cross-examination Mr.
| Maidment had her re-enact this par
| of the tragedy, he representing Con
| sidine. Handing the gun to the wit
ness, he told her to keep II pointed a
| him the same length of time sh
| testified Devlin had held 1t pointed a
Considine and then pull the trigger.
The girl had insisted repeated.
| that this time was five minutes. I
was just five seconds after Mr.. Maid
ment had said Ready" in the ties
that the girl snapped the trigger OIL
the empty gun barrel.
Maidment and Prosecutor Wrigh
were both surprised at the brief spac
of time elapsed, and a few minute
later, after again explaining CAREFUL
to the girl just what he wanted he
to do. he again staged the shooting
This time the girl pulled the trigge
of the revolver in seven seconds.
Miss Devlin, who will soon be
years of age. but who looks to be bu
IA. broke down and was almos
hysterical at the end of her testi
mony. after Maidment had caused he
to make statement that she knes
Considine was shot, because Il say
J the bullet enter his body"