The republic. [volume] (Washington [D.C.]) 1849-1853, 1851-08-02

i r..
r. II ne had attended to the burial and he said that
he did attend tot. am certain he said he got car
ryall. am certain he mentioned early in the morn
ingj some one SAID something about sunrise, but ]
don't know who did She told me the time when the
child died, and think she said it was on Saturday
or Sunday, but do not know which | was there
on Friday and Monday, and on Friday saw the
child.
Mrs. Anns Wood recalled. II was present at Mrs.
Fndley's, and had conversation with her about
the death and burial of the child. don't know the
cold weather. Mr.. Wood was with me. II was at
night. He hadn't come down from Virginia to
stay at that time. don't think he had.
Questionable Mrs. Fridley shy to you, In that
conversation, in the presence and hearing of Mr.,
Wood that the child was dead, and that Mr.. Frid-
ley, poor old man. had put il away as well as he
could under the ground'on the premises; and that
they continued to live there under high rent for
fear some other person might come into the house
and raise fuss?
Answer.--Yes, she did.
Witness turned little to one side, facing Mrs.
Fridley, who had been called in by the District
Attorney and was seated by him; the two ladies
looked at each other. and Mrs. Wood said, eyes,
you did 80" Mrs. Fridley, "No, didn't"
Mr.; Bradley.-Come, Mrs. Fridley, that's not
fair play.
Mrs. Fridley.-She spoke to me first
Mr.. Bradley.-You said something to her.
Mrs. Fridley-I did not say word till she said
that didn't
Mr.. Bradley you gave her look, which
was as much If not more, than speaking to her.
The Court told Mrs. Fridley she must not speak
to the witness.
Mrs. Fridley denied having spoken to the wit
meas till she had been spoken to.
The Court said that It was wrong to have spoken
10 the witness, or 10 have given her a look; looks
sometimes were more offensive than words. The
Court had not seen her give any such looks, but
the counsel, Mr. Bradley, said SO.
Mr.. Bradley saw her give Mrs. Wood Sc
we're look, and others near me saw il also.
Mira. Fridey said she had not come into the
courtroom voluntarily; she had been sent for, and
she would go out if they did not want her. Short
ly after, Mrs. Fridley left the courtroom.
Cross eranination-Mrs. Fridley introduced this
conversation. My husband in the room. He
was not very far off from us. Mrs F. spoke in her
ordinary tone of voice. We had been talking, be-
fore she introduced this subject in the regular tone
OF voice. My husband but short distance
oil. think he was sitting down. After we COM
menced talking think he moved his seat closer.
don't recolect If he took any part in the
sation. The conversation ended at that time.
know nothing more, and can't answer any more
Questions. do not recollect what said in the
beginning OF the conversation, but took particular
notice of that remark of hers Ireckon have men
toned this conversation to my husband. don't
know II did SO going home. | have stated what
recollect, and can't say any more ! don't recol-
iect II he asked me on the way home what
and Mrs. +. were talking about. | reckon
it was between nine and ten O'Clock. He had not
moved down then 10 the city to stay. can't say
how long this was before he did come down here
to liveI can't recollect. ] did not see Mr.. Frid-
4 ley there, as recollect. He might have come in
but don't think saw him. don't rccoect that
| any thing was sad about rent, while was there,
| except what have stated. don't recollect whe-
Their my husband said any thing about the rent we
paid. The amount of rent was stated, but don't
| remember.
she MRS. Day. said about any else giving the
| child any thing. She (Mrs. Day. told Ile she
gave II laudanum, but, at the same time, she said
| she thought it would die any how; thafit would
l a lie he of civ he
She said she had prepared white paper and had
poured the laudanum out of the viaA and admin
stered it to the child through the paper, which was
was present. asked her if her mother knew it,
and she said she did not She said she dropped the
laudanum through the paper. Mrs.. Fridley never
intimated to me any thing of hekind, that she had
| given il laudanurn. think Mrs. Day said that it
was given to the child on Sunday morning.
Cross erdDlination.-This conversation took place
while she lived in my house. think it was in the
1 last month she staid in the house. was talking
| to her about the child. asbed her how it died.
and then she told me she gave ii laudanum. have
stated all know, and CAM say any more.
Question What did she say in answer to your
question how the child died
| Answer.--She said she had prepared the paper
and gave the child the hudanum. She said the
child slept very souudy and qrieily after she gave
rlae laudsAsuna. Ahe aid mot say the child had
secn sick before che gave il the laudanum. The
witness again repeated that she could answer no
thing further, that she had stated all she knew.
|
witness stated her desire to 60 out for moment,
as she was weak and feeble, and her examination
was suspended for while
Columbus Ogle.--I first heard of the death of Mrs
Day the night ahe was shot. | saw Mr..
| Day the OF Tenth street and the Avenue,
between nine and ten O'Clock, on the Sunday night
before. think Mr. Robert King was present, and
some others whom don't remember. don't re-
member seeing either Kirk, Keyworth, or Tucker
| There were several there, but don't remember
who they were. i know King, Keyworth, and
Tucker. had just came out of Coombs's, and it
was after nine. We stopped on the corner Don't
| remember how long we were on the corner. / left
\ them on the corner and went over to town the
| Avenue. My recollection is quite distinct that it
was after nine when came out of Coombs's and
| heard the bell strike ten after left,
Cross eramiylati0n.-We stood on the corner after
| we came out of Coombs's quarter of an hour
| perhaps more. think King went with me up the
| Avenue, and that left the others the corner.
He was in there when came out of Coombs's.
When heard of her death it brought to my mind
| that had seen him the night before, and / spoke
of it, was working on the Treasury building
| on Monday. l heard of the death on Monday
night or Tuesday morning, | am not certain
which.
| Mrs. Woods cross examination restmed.-She did
not tell me where she got this laudanum She said
| her mother knew nothing about it, | asked her no
| questions where she got the audanum. | think
she said the child slept all day after taking the
laudanum. think she said it was on Sunday.
think she said the child died on Sunday night or
Monday morning, don't remember which.
The sur-rebutting testimony here closed.
Mr.. Fendall then offered evidence TO prove that
Day, on the Sunday night the 18th of May tDas at
the place the United States represent he was be-
tween eight and twelve o'clock-at the house of
Mr.. Fridley, in the company OF the deceased; and
that he was not where Kirk, Ogle, and Tucker,
| state he was at that hour.
| Mr.. Bradley objected to the evidence.
The Court ruled il out.
The evidence was here closed; seventy seven diff
| fcrcnt witnesses having been sworn and examined
during the trial. about thirty others were sum-
moned but not examined.
The District Attorney offered to submit the case
| to the jury upon the evidence without argument.
| Mr.. Bradley said that he had some instructions
upon the law to ask of the Court; oh, if grant
ed, he would accept the offer to submit the to
| the jury without argument.
He then prayed the following instructions:
| II from the whole evidence aforesaid the Jury
shall find that the deceased, Catherine Day,
killed by the prisoner at the time, and in the
ner set out in said indictment yet they shall fur
thor find that at the time of his killing her, afore
said, the reason and mental powers of the prisoner
were so deficient that he had will, conscience