Newark evening star and Newark advertiser. [volume] (Newark, N.J.) 1909-1916, 1913-07-08
DEVL|N STARTS
FIGHT FOR LIFE
Defense Opens in Trial of Actor
at Hackensack for Shoot
ing Policeman.
IFrom a stan correspondent.1


HACKENSACK. N. j.. July 8.--Tht
'unwritten law will be the defense OF
James Devlin, a vaudeville actor
whose trial for the murder of Pat.
rick Considine, a police officer al
Cliffside, on Saturday night, May "a
started here today before Supreme
Court Justice Charles w. Parker.
Both the State and defense took
great pains in choosing the jury
Devlins counsel, Alexander Maid
ment, exhausted his peremptory
challenges when only eight men had
been seated. He could, thereafter,
only challenge for cause.
Devlin. dapper little man, dressed
in very light gray Norfolk suit, did
not seem to understand this. He
urged his lawyer several times to pro-
test against some yenireman.
Finally Maidment turned to him
and explained in full detail the pre-
else legal reason why he could not do
anything further.
Mrs. Devlin, a striking figure in a
white lace dress, with a hat trimmed
with lace and a few green flowers,
leaned over the rail and apparently
tried to hear all that was being said
by her husband and his counsel,
although she was fully ten feet away.
She was in the first row of spec
tators.
William H. Roberts, contractor OF
Hasbrouck Heights, is the foreman
of the jury.
When the box was filed at noon
Prosecutor Wendell j. Wright briefly
outlined the States case.
He said that he would show that on
the night of the shooting the two men
had quarreled in front of Deylin's
home and that Devlin had invited the
policeman in "to talk it over"
'I am satisfied that it was case
of murder" the prosecutor asserted,
mot manslaughter or murder in any
of the less degrees, but first degree
murder"
DIR. Joseph M. Rector, of Jersey
City, was the first witness. He testi-
fed that he had examined Considine
in the North, Hudson Hospital and
that the policeman's death had been
due to a bullet wound in the abdo-
men.
Despite the attempt of Devlin's
counsel to shake their testimony, the
three doctors called by the prosecutor
maintained that the revolver with
which Considine had been shot could
not have been fred during a scufne
between the two men. The physicians
agreed in saying that they could find
no powder burns about the wounds
and one of them gave his opinion that
the gun must have been discharged at
least five feet away from the police
man.
When a recess was taken at noon,
Devlins mother, who had been SIT
ting with his wife in the front row,
pressed forward and kissed him.
Devlin stretched out his hand to his
wife and she grasped 1T, but their
greeting was perfunctory. Devlin
seemed to be very cool toward his
wife. although his attitude did not
lessen her very evident interest in
every little detail of the proceedings.
On the night OF May "a, Mrs. Dew
lin. who is also vaudeville artist, and
who is known on the stage as Miss
Mae Ellwood, had been in drinking
place with Considine for about three
hours. While the pair were on their
way to the Devlin home they met the
latter, who accompanied his wife and
the policeman.
The trio were apparently on friendly
terms for half an hour, when. accord
ing to the story told by Mrs. Devlin
a quarrel started, Deylin accusing
Considine of being on to friendly
terms with his wife. On this state
ment being made, it is said, Consi-
dine pulled his police gun from his
pocket and handed 1t to Devlin VITA
the remark: eff you believe that you
had better shoot me right now"
Mrs. Devlin's story is that she then
tried to take the gun away from her
husband, but that while doing so 1t
was discharged. the bullet entering
abdomen. He died later
at a hospital.
Although Mrs. Devlin was an eye
witness, and the only one of the muir
der she will not be allowed to testify
against her husband. Devlin's law
yer. Alexander G. H. Maidment, is
positive in his belief that the State
will fail to make out a case against
Devlin owing to the lack of witnesses,
and also to Considine's own statement
made when he was told that he was
dying. Considine when asked for an
statement, said: IF /
have got to pass out I am going alone.
/ am not going to say anything that
will take anybody else with me-"