The republic. [volume] (Washington [D.C.]) 1849-1853, 1851-07-25

child the next day; can't say saw il after that;
did not prescribe for IT, John Day came for me;
he wac IN the room during the time OF his wiie's
labor. Can't say he there when 1t was born
saw nothing peculiar in his conducti he was mod
est and quiet, and attentive to his wife lie was
stranger to me before that time. When he called
for me inquired what was wanted for; he seemed
not TO know; he said she sick. did not know
what was the matter till got 10 the house.
Mrs. BeroR.-I reside in this city Since my
marriage i occupied at MIR. Fridley's;
went there last winter was one year During the
winter and spring previous to the marriage was
there, though not at that time Day visited there
during that time. have seen MIR. Thomas Shek-
ell, Of Georgetown, at the house twice while was
there. The second time did not see him, but
heard his voice in conversation with Mrs. Fridley;
it was the morning after the ball-the Franklin
Fire Company ball. II was in the morning, just
before the time of rising. Mrs. Day was down
stairs. She went 10 the ball with her brother;
heard il said, (Mrs. Day being presently that he
(Shekell) had come home with her. | heard
Mra. Days voice talking down stairs; they were
all below. bged in the house then, and have no
doubt that Heard her voice, and Mrs. F. voice,
and Shekelps voice
was called there when Mrs ID. was confined;
Mr.. Day came for me the night she was confined
Day was in the room and out of the room during
the night. saw him down stairs, in the kitchen,
and up stairs He made no fuss, but he was cry
ing; saw him crying up stairs; he looked very
sad and very pitiul indeed He made no com
plant to me about it. had no conversation with
him after the birth. The child living; was
there the day after, and the child; il
again one day after that; went there next Mon
day, but did not the child; nor did after that
can't say what day of the week the child was
born. saw Day once or twice after that. He
came to my house once, and once saw him in the
stage going to Georgetown. He appeared to be
very much disturbed. II was shortly after the
birth of the child. | continued to reside in the
neighborhood, though / do not now. / left my
furniture at MIR. Fridley's for some weeks after
left there myself. went 10 live at my mothers.
Cross eramination.-I don't recoect when Days
ifa IN W He viaite ed
before went to live at my mothers; don't know
how long, how often; he would call through
the week. | was at my mothers six or seven
weeks was at mothers when the marriage took
place. did not go back to Fridley's to live again
1 moved my furniture from Fridleys the last of
June or first of July 1850, and had been at mo-
theirs six weeks before, don't think Day was
visiting there, though | had him there
once twice before the hremen's ball; was made
acquainted with him there. Had not seen him often
enough to become acquainted with his general
manner. He used then to leave at the uanal hour.
After the bail had seen him at the house, and he
lively other folks When l saw him
thought he was sad. ! saw him in the street was
sometimes not further than the width of this room
from him. Icould tell at that distance that he was
sad l can't say how often saw him sad Did not
see him often after that. The Monday evening
after the birth of the child the last time visit
ed at Frldley's The occasion when he called at
my house, when saw him ON way to George
town, when saw him at Fridley's after the birth,
and in the street, were the only ones when saw
him looking sad.
Charles p. Sengstack, jr.--I know John Day.
have known him for the last eighteen months
was not in his company often; before his marriage
his disposition and manner was jovial and socable.
After his marriage was residing in Georgetown
i recollect the time when Day came to Georgetown
after the birth of the child; he came in COM
pany with Mr.. Boron. He had not the same look
ne had before his marriage; he was very sad He
told me
Witness was stopped by Mr.. Fendall.
Mr. Bradley maintained that the defence had the
right to give in evidence the language and acts of
the man upon the subject which was said to have
operated on his mind. The defence was that there
was brooding melancholy which, step by step,
sapped the foundations of that judgment which
necessary to make him responsible for his acts.
How could they show this without giving in the
language well as the acts of the party?
MIR. Fendall replied, denying the right OF the
accused to give in evidence his own declarations
and statements to prove his own insanity
Mr.. Bradley rejoined.
The Court ruled the evidence to be admissible
There difference between evidence of insanity
and evidence to repel the proof of the homicide. He
regarded this evidence offered not for the pur-
pose OF repelling the proof of having committed
the act, bat as tending to show the state OF his
mind step by step, from the time of the birth of the
child up to the time the offence was committed.
He admitted the declarations of the accused to
show the stnte nf HIS uand.
Afr. Sengstack recalled. time he there
not more than fortnight after the birth Of the
child; he stated that Sheke the father of the
child; that he intended to or had licked whipped
Shekell; that he intended to leave her and the ciy
that though he loved her. he intended TO leave her
think that all he said at that time. had
heard before that OF her confinement, and had men
toned it TO some one, and it was denied; he came
and told me that he heard had spoken dis
respectfully of his wife. | told him what had
heard; and he then told me what have stated.
him several times after that, and he seemed to
be very much disturbed. had conversations with
him AFTER he used to be pleasant with me; after that
he was cool and distant / never him jovial
but once after that; il on the lat of May when
the Infantry were out targct-firing; he was beat
ing the cymbals. He was a member Of that COM
pany or band at that time.
Cross eramined. - He was with Mr.. Boron; can't
say whether Mrs. Boron with them should
not judge she was, as Boron was intoxicated.
Day was not intoxicated. Saw Boron with
him before he spoke to me, and after. 1
lived with DIR. Linthicum till the day Jenny Lind
gave her first concert here Don't recoect seeing
Day in Georgetown after the time have spoken
OF After moved over to the city saw him here
several times; was in his company, but had
conversations with him. He had not recovered his
cheerfuiDess he continued sad was notvery in
innate with him. did not visit each other. |
saw him at the Washington Light Infantry ball;
his wife with him; was after the birth Of the
child.
Question.-Was he sad theres
Answer.-No, sir, he was dancing there; he APP
pcared to be right cheerful there. After moved
from town, the only public place saw him at was
at the target-sbootipg. After the conversation in
Georgetown only him in public places-at
repeatedly passing in the street AT the ball and
target shooting he cheerful; on the other
sions he was cad.
Solomon Beuch--Have known Day since wes a
boy. Knew him in Alexandria. / waited on him
at the time of his marriage. was slightly ac-
quained with his wife before that; had been at the
house two or three times with him. From any
thing heard and there had no cause to sus-
pect that at that time she pregnant. Did not
dream, think, or believe any thing of that sort i"
had been very intimate with him. When lived
here spent four or five evenings every week to-
gether. left here TO live in Alexandria on the
evening of General Taylors funeral. met him
at a ball in Alexandria that fall. | offered him
something to drink, which he declined. intro
duced him TO young lady From the time he
was married 10 the time left here him
peatcdly. Never heard him say word about her.
called on him after he was married, and also on
the Sunday after his marriage. Before left the
city he was always cheerful, and never otherwise.
Gross examined. II think the ball in Alexandria
was in the second fall month-somewhere about
October Day was there; did not his wife
there. don't think he was very cheerful there;