The republic. [volume] (Washington [D.C.]) 1849-1853, 1851-07-30
U. s. CRIMINAL CoURT-JUSE TERN.
TUESDAY, July %, 1851.
EVIDENCE PoR DEFENcE coNrINuED.

EVIDENCE FOR DEFENCE CONTINUED
Edloard Dasoson--This witness was well ac
quainted with Day from his boyhood, and detailed
the particulars of several meetings with Day after
the birth of the child. The most material point pro-
ven by him was that the prisoner though well nc
quainted with witness, when addressed by witness
would pass without any recognition OF him, and
that on one of these occasions. when met and spo-
ken 10 by witness, Day passed son with his head
hung down just like boy looking for pins" On
the 9th of October witness met Day and told
him he (witness) 10 be married. Day said
he hoped witness would not be treated as he, Day,
had been. Witness said that If he treated
that way he would make penitentary act of it.
Witness lived near Fridley's. On one occasion
in February heard noise in the street. raised the
window and looked out. heard Day say, 90 You
have brought dishonor and disgrace ON me, and
now you've turned me out of DOORS" heard no
more, for shut the window down. This was on
the Monday after the 22d of February. Met him
on the corner of 7th and f streets, about six or
seven weeks before the death of his wife, on Sat
urday excning. went out and spoke to him, and
he commenced crying; he had bundle under his
arm. He eaid, GOOD bye, Ned, am going to
leave the city" asked him what for, and he
made me no answer He asked me to change a
dollar note. told him couldnt; that il he want
ed to get change there be would have to buy some-
thing. He then proposed TO go and get something
TO drink. We went into Gibson's tavern, and we
gotta glass OF ale apiece. He paid for the liquor and
got his change. again asked him what he was
going TO leave the city for, and gentleman called
when turned round he was gone, without saying
word saw him no more till after his wife's
death. From all these things stated, and from my
long acquaintance with HIM, i do not think he was
in his right mind from the birth of the child.
Cross examined Was not acquainted with Mrs.
Day. MIR. Wallace Grant informed me of the
birth of the child. This conversation with Day
took place on the 9th of October told him was
going to be married, and he said he hoped would
not meet with such a misfortune he did. l told
him that II was served 30 would make peni.
tertiary act oft. meant that would shoot my
wife, but did not say so to him. did not say who
would shoot. When Day left the tavern 50 sud
denly remarked to gentleman, THAT mans
crazy, and his wife's conduct has made him So"
When heard he had shot his wife told my wife
he would not have done that if he was not crazy.
never saw him cheerful after the birth of the child
He had his head hung down like he was looking for
pins on the three occasions met him in the street.
first thought he was out Of his mind abouta week
after the conversation on the 9th of October
Jacob H. Bendr.--In March last l had job of
laying the pavements round the tree boxes on the
avenue. Day came up and asked me for work.
told him that my job was short one. He then
said, in an imploring tone, "Oh, give me work,
even if for only half a day. / then told him to
bring his tools and go to work the next day. A
few hours after he went TO work, noticed that
one or other OF the five was making a very
strange noise, shrill noise like the whistle of
steam engine or watchman's rattle looked
again and saw it was Day. He would utter this
sound, then throw his head back and give wild
vacant stare all round. then stoop down and laugh
immoderately. He would work very fast ter these
times. From these things, said then, that man is
evidently crazy, and won't say any thing to him.
He worked on for four days, till the job was COM
plcted. Heard of the shooting the morning after
it occurred, and when told who it WAS I said,
"John Day? why that poor fellow is crazy.
Nothing further or different came out on cross
examination.
Mss Mary BroiDrs.--I first saw John Day last
fall. did not know that he was married till he
Ha he yvo itYha ut he
was going away, and that his wife was the cause
OF IT. He said that man named Shekell was
the cause of his trouble. saw him mostly every
two or three weeks; his conversation was al
ways on the subject of his wife and troubles /
saw him late in the evening of the murder.
He run into my chop two or three times, and acted
very strangely. He appeared absent and gloomy.
He had no occasion to run into the shop often;
he got but the one glass of soda water. He went
out OF my shop, and went up to Third street, walk
ing very fast. 1 watched him. watched him be-
cause ne acted SO strangely. He volunteered his
statement about his troubles He blamed Mrs.
Fridley for it. About a week before the murder
he said he was going away, and intended to take
his wife with him. He always appeared gloomy
since have known him. He would commence
laughing and talking one subject, and would
stop and commence about his wife. He said that
he was not respected; that there was use in his
trying to live here; that his wife and his wife's
mother was the cause of all his unhappiness He
spoke in this way more than once. Ii was the sub
stance of his conversation always.
Cross eTdmination.-My chop is the third door
from the Capitol gate. on the avenue Don't re-
member the time in the fall when first knew him.
had heard of the birth of the child, but did not
know the man. He introduced the conversation;
he was stranger to me then. He came in and
got some chestnuts; he spoke about it to some per-
son else In the shop then. did not know he was
the man till then. He was speaking to both at
the same time when he spoke of his troubles. He
said that he had met Mr. Shelse up near the Meth
odist church in the First Ward; that Mrs. Fridley
had gone with him TO Shekell, and they
met Shekell near the church in the Fret Ward
He said that his wiie's mother allowed gentlemen
to visit her house whom he did not think ought to
be allowed there, and he did not like his wife to
stay there This was his complaint against Mrs.
Fridley Mr. Shekell was the cause of his
plant against his wife, saw him most every
week or two weeks from this time. About week
before he killed her he said he intended to go away
and take his wife with him; that he could live else
where more happily with her; that he could not
live happily with her here. The day he kept run
ming in and out, and acted 30 strangely, ] re-
marked it to some one. keeps fruit chop. Wit
ness declined answering any further inquiries
about the nature of her business can't say from
whom first heard of the murder. II may have
been told to me by my brother. His name ID John
Brewers.
Direct eramination.-F From all have stated, and
what witnessed on the afternoon when he would
run in and out of my store, &c, did not think he
then in his right mind. asked him if he had
been drinking. and be said he had not
mrs. LuctndG tTtls0n.--l know JOnn Day; ne
visited my shop several times. / think first saw
him in March. My shop-a cigar shop-is on the
venuenear l0thsreet He came there to buy cigars.
He only came and then-once or twice
week-to buy cigar ! saw him on Sunday
night, the night before his wife killed. 1t was,
near as ! can recollect, between nine and ten
o'clock. He was with gentleman. Previous to
that had noticed nothing strange particular in
his conversation. thought that night he looked
and talked different from what he had ever done
before in my shop. His face and throat was very
red, his eyes looked swollen, if he had been in
passion with some one. Previous to that he always
looked very pale. The conversation was thus:
was about to kill fly. and said to myself aloud, 81
will not take the life cannot give" He then said
"Can't you give it lfe?" said, "No." He said, 81
can" said, CHOW you give it life?'' He said
he could take life and give life to any thing.
cuntradicted him; and he asked me how I.got life'
then said, "God gave me life as he gave this fly
life." He then said, 'Do you believe there is a
God" said, Eyes, don't your" He said, mo"
asked, "What do you believer" He said 81 don't
believe there is God or devil, hell or hea-
ven." l said, Chow you believe that" he
said, "l know there is none, and prove it
TO you" ! asked him how he could prove it,"
He raised his hand towards the sky aud said
stDo YOU see that Bky? Well. I've been IN in that