The republic. [volume] (Washington [D.C.]) 1849-1853, 1851-08-27
e this 2lst day of August, lS5
PAUL STEVENS, j. p.
DIsTRIcT OF COLUMBIA, 1;,
County Of Washington, W WIZ

.. =. n.
Holy Evangey of Almighty e cd, that on Thursday
| ut being after the jury had retired 10 make up
their verdict) she heard that her husband was in
disposed, and she went to sec him, when Mr.. War
dell came down stairs from the jury room, and
conversed with FER and her nephew. This depo-
nent further states that she also saw her husband
on the following Saturday morning, the day the
Jury agreed their verdict, and she went up in
the room where Mr.. Warde was, and staid there
talking with him she supposes about ten minutes.
On Thursday, while she there, she thinks Mr..
| Clarke came in the passage or entry, when Mr..
Plumsll turned his back as if to walk towards the
door, when she whispered TO Mr.. Wardell that ga
| gentleman had said to me that Mr. Mann, when he
got clear from here had better clear out for he had
perured himself"
Sworn to before me this 2lst day of August 1851.
PAUL STEVENS, j. p.
DIsTRIcT OF COLUMBIA l;.
County Of Washington 'ow";
Personally appeared before me, the subscriber,
justice Of the peace in and for the county aforesaid,
Mrs. Elizabeth Turner, wife OF Mr.. Turner, of
the jurors on the Day case, and made oath on the
Holy Evangely of Almighty God, that she went FIRE.
quently to see her husband during the trial whilst
| the jury were at Copps, and conversed with him.
| The bailiffs were always near. Do not know that
| they always heard what she said to her husband,
or what he said to her. During Of these visits,
she inquired of her husband ''if two of the jurors
| were not named Laporte and Mann?' don't re-
member that he said yes no, but he said shush.'
| afterwards saw my husband twice, after the jury
had retired to make up their verdict, but did not
|
it's conversed with my husband about fifteen min
utes out OF the jury room. Mr.. Pumsill or his son
was present; can't say that they heard all-of our
conversation. This deponent, in sending her hus-
band meals, always sent to him some newspaper,
| sometimes old paper. We take the Baltimore
| Clipper, and usually sent that. This deponent
thinks the baffs did not overhear all she said
during said visits. She sometimes spoke in low
| tone. ELIZABETH TURNER.
Sworn and subscribed before
F. s. MYER, J. P.
AUGUST 25. 1851.
Personally appeared in open court E. c. Morgan,
and made oath on the Holy Evangely of Almighty
God, that Mr. Plumsill and his son, sworn bailiffs
in the Day case, declined to make, at the request
of him the said Morgan, any affidavit concerning
said case, except in open court.
Sworn to in open court this Goth August, 1851.
Test: JNO. A. SMITH, Clerk.
MIR. BRADLEY moved that a subpoena be issued
for the Plumsills, to compel them to testify.
| Mr.. FENDALL suggested that he thought the SUBJ
pena unnecessary; the baiffs would, he thought,
consent to make theafIidavts.
Mr. PLUMsILL said his desire was to testify or
ally. He thought it due to his character and stand
ing in the community that he should make full
statement.
The Court said this could be done as well by af-
hdavit as orally. If the affidavit not volunta
ry made, the subpoena should be issued.
Mr.. PLuMsILL having said that he would make
acted upon.
The DISTRICT ATTORNEY filed the following ad
ditiona affidavit in reply to the affidavit OF Richard
Brooks, who swore to expression of opinion by
Mr.. Adams, of the jury, before the trial of the
case:
DISTRICT OF COLUMBIA, }..
County Of Washington, " WIZ
On this twentieth day of August, A. d. 1851, be-
fore the subscriber, justice of the peace in and
for the county aforesaid, personally appeared Philip
OHerback, jr., and makes oath on the Holy Evan
gely of Almighty God that on the morning after
the jury, by whom John Day was convicted of the
murder of his wife, during the present month. in
the county aforesaid was empaneled, Richard
Brooks, (who has heretofore sworn to certain de-
clarations OF Motley l.. Adams, of the aforesaid
Jury,) with number OF other PERSONS present
at this deponent's store near the Eastern Branch
bridge, at the Navy Yard, where general con
versatoD sprung up as to the jury whose names
were then in one of the morning papers then be-
fore US, and something being said about them as
read over from the paper, and as to whether any
OF them had expressed opinion, when this
deponent, as matter of sport, in imitation Of
Mr.. Adamss manner, said, 90 Say, say, eternally
damn my soul, if that man oughtn't to be
hung when Richard Brooks said, in answer,
" Old Adams, by God!' This deponent was called
away to another part of the store and the CONVEX
was dropped; that on the next day the said Rich
ard Brooke, being in liquor, to II is deponents
store, and said to this deponent she had heard old
Adams express an opinions that this remark Of
mark OF his this deponent; said Brooks then said
''one day, coming down from the city in omn.
bus, Mr.. Adams told him that amy man that would
kill his wife ought to be hung" This deponent
said, "Dick Brooks, you lie; you never heard Mr..
Adams say any such thing; you took that from
what said yesterday, and If you don't mind, you
will get yourself into scrape about it," Brooke
made no reply, and the matter dropped. This de-
ponent is positive that Brooks enid il was in an
omnibus that the conversation took place, and that
the words as given above were dentically the same
words used by said Brooks and this deponent
This deponent further stated that he has known
said Richard Brooks at east fifteen years and that
his character among his neighbors for veracity is
bad; and. from said Brookss general character for
! veracity, the deponent would not believe him upon
his oath.
PHILIP OTTERBACK, JR
Signed and sworn to before
JAMES CRANDELL, J. p.
The DrsrnlcT ATTORNEY stated that he had other
aidavits to file, and not prepared to do go to-
day.
After consultation, the further consideration OF
the motion was postponed till the next meeting OF
the court.
Subsequently, joint affidavit from the Messrs.
Plumsill, the special bafTs, was prepared; but it
was not received by Mr. Morgan
The court adjourned until Tuesday next, the Sc
cond of September when the consideration of the
motion for a new trial will be resumed.
John Day, who wac in the court room during the
proceedings, rcmanded.
SALE OF REAL EsTATE.-On Monday afternoon
Dyer Mcclure sold the two lots in square No.
"a, with the two three-story brick buildings in
front and the brick buildings attached TO the same
situate on Pennsylvania avenue, being the third
and the fourth of the houses known by the name Of
the Six Buildings. The lots front each twenty six
feet six inches on tho avenue, with depth of one
hundred and twenty six feet. Charles Vinson,
esq, purchased one Of them, for the sum of $3.50
and Captain Farragut, the other, for $4,000.
Lot 10, in square 81, fronting fifty six feet ON
Twenty second street, running back one hundred
and twenty four feet, with fifteen feet alley on
the south side and thrty-fect alleyin the rear
was sold at six and halfcents per foot.