American telegraph. [volume] (Washington [D.C.]) 1851-1851, 1851-08-11
From tbe Re,,oublic.


The Case OF John Day-A Verdict. VI
1t will be recollected that the indictment upon
which John Day was arraigned, on the 2lst Of
July, contained two counts. The first charging
him with having, on the 18th day of May, 1851,
wilfully, deliberately, and with malice afore-
thought, killed and murdered Catherine Virginia
Day, by means of a leaden bullet discharged
from pistol fired by the said John Day; the
said leaden bullet having entered the left side
of G. V. Day between the eighth and ninth ribs,
causing wound ten inches deep and half inch
in breadth, of which wound she died within
forty minutes. The second count varied from
the first only in that the pistol was described as
a revolver, and that the wound was inflicted by
bullet discharged from one of the barrels Of
the same, and that it entered her left side be-
tween two of her ribs, causing her death, &c.
The trial, it is known, occupied two weeks
the court sitting, on an average, seven hours
day.
From the fourth instant, when the case was
given to the jury, until the ninth, the utmost
anxiety was manifested on the part Of the COM
munity to learn the result of their deliberations.
The court met on Saturday morning at ten
o'clock; but the jury, according to the report
which was made to the Judge, being " as far
off as ever from making verdict" an adjourn
ment took place until six o'clock in the even
ing. In the mean time, however, the jury
agreed upon q verdict; and on the reopening
of the court at the last-named hour the Judge
sent for the prisoner, who short time after
wards entered, in the custody of Mr.. Wright,
the jailer, and officer Coke.
There were present the District Attorney and
Mr.. Morgan, Zone of the counsel for the pris-
oner,) and not more than twenty persons as
spectators.
The jury came down from their chamber, in
which they had been confined for five days and
nights, and took their seats. We never saw
men with more solemn countenances, which in
Dictated the nature Of the verdict upon which
they had agreed The prisoner in the dock
was evidently impressed with the scene before
him, and seemed to anticipate the awful ver-
dict! The profound silence was broken by the
clerk, who called the roll, and the jurors an
swered to their names, as follows: Motley L.
Adams, Edmund Bradford, Samuel Wardell,
John b. Scrivener, Charles Mann, John A.
Ruff, Eugene Laporte, Charles Turner, Thomas
j. Williams, Charles F. Lowrey, Elijah ?. Tay-
lor, and Lewis Wright.
The Clerk. -Gentlemen have you agreed upon
your verdict?
Mr.. Wardell, the foreman, lin tremulous
tone. I'VE have.
The Clerk.-Stand up, John Day. Gentle
men, look upon the prisoner at the bar. Do
you find him guilty as indicted, or not guilty
Mr.. Wardell Guilty.
The Clerk.-Gentlemen of the jury, hearken
to the verdict. Your foreman says that you find
John Day, the prisoner at the bar, guilty as in
dicted, and so you oil say.
The verdict was then recorded
The prisoner sat down, much agitated, more
SO than on any former occasion.
The Court.-Gentlemen of the jury, you are
discharged, finally.
Mr.. Morgan moved that new trial be granted
to the prisoner. He would not now state the
grounds, but would file the reasons hereafter.
And he embraced the opportunity to remark,
that the motion was not made on frivolous
grounds; and that, when the reasons shall be
placed on record, there would not be the slight
est doubt that it would appear to the satisfac-
ton of every man that new trial should be
granted. This was all he had now to say.
The Court observed that the reasons ought
to be filed at an early day, so that the District
Attorney might have an opportunity of seeing
them.
An understanding was then entered into that
Mr.. Morgan should file his reasons and affida-
Wits within four days, and that the District At
torney should have until Monday next to pre-
pare to meet them.
The Court returned the thanks of the court
and the country to the jury for their attention
to the subjects confded TO them during the
term; and
Mr.. Fendall expressed his regret that cir
cumstances had required their confinement for
so long time.
We learn that the reason for Mr.. Morgan's
motion for a new trial is, that Mr.. N. L.
Adams is represented to have expressed de-
cided opinion adverse to the prisoner before he
was sworn as juror.
The prisoner was remanded and placed in
irons, with a strong guard over him.
The court adjourned until the twentieth
instant.
PROPERTY AGENCY.