The Mutuals were unable to find a suitable replacement at shortstop, so they began to use Devyr during the 1867 season, without consulting the National Association. Two rival clubs filed official protests with the league. While was one was dismissed, the other found the Mutuals guilty of using a banned player and struck the game in question from the official record. Following the season, during the National Association convention, Devyr was reinstated by a vote of the members. His youth was cited as the primary factor for leniency.
