The republic. [volume] (Washington [D.C.]) 1849-1853, 1851-07-24

met Summers. started on after Day again, rand
he said, "If you come any further I'll shoot you"
understood this as addressed both 70 me and
Summers. He said nothing az first. He walked
down the street, and went into the ho1se-then
came out and went to the Of 18th street for
"a constable; not finding any, went to Keese's lie
was not at home, and l then went back TO The
house again. Did not go to Lepreux's store
tried 20 defend the shot, but dad not get In IN
time. In trying to defend the shot got my hand
! somewhat burnt. My hand 10 marked yet. tried
TO knock the pistol up, and the powder fell on my
hand and burned It, Can't say how long IL was
before that night since had seen him. had not
seen pistol in his hand before that night. re-
collect OF his saying that he had one. This was
not a great while before the murder. The CONVEX
saton took place on the avenue in front OF Maher's
tavern. The FIRE companies were going along the
avenue. making great noise, and he said he had
ak loads he could put into them.
Cross examination. can't say whether that
what occurred that Saturday night 18th street
bridge took place a month or two months before
| they separated, and she come home 10 stay. She
came home that night, after Summers and had
got there. She told US Day had come with her and
brought the things. Ii was between eight and ten
O'Clock. He that night cursing all the way
along. He was talking all the way; they, he and
his wife, were talking. Don't know what she said
| to call forth his remark about knocking her down
&c. He did not complain of her leaving his
house; nor did she complain of his forcing her
TO leave. She said, going along, that she could not
stay there Can't say whether this excited him or
not. After we were there, Summers asked if she
could not stay there! She said yes, II John would
let her. He made no reply, as recollect.
He was talking all the way along over there,
and making threats, and making attempts to get
something to do IL with. He tried TO get pang
off the tree box, on Twelfth street, between the
top of the Smithsonian lot and the bridge. Not
withstandng all this, and his abuse and threats
and mother consented for her TO stay, and lef her
there with him. wanted her TO come home.
did not demonstrate against her staying, after
what had occurred; nor do know if mother did.
Mary M. Fridiey, (sister of the deceased Mrs.
Day. Jon the evening sister died was standing
at the gate with my brother George and cousin
James Summers, and little sister and Mrs. Day.
Day came up; she said, "John, has II been warm
enough for you to-day" He said, "What?" lie
said, cit has been warm enough for you to prone
made the avenue all day" and brought out an
OATH / went in the house and told mother that he
was going TO make fuse out there-that he wac
talking angry. George had been out at the door
Mother and he had gone in. Day spoke to George
when he came up, and did not speak to any one
else. Day stood still. When went in, George
and mother were talking, she asking George who
was out there. When told her about Days going
10 make. fuss, she said she would geo out there
Before we got out there he had fired the first
time; saw him shoot the second time; he had his
foot on her dress when he fired the second time
When first saw her she laying on her right side
| with her arm up. She was lying at the door. Then
was the second shot, ! said, ''Ny God, mother,
John has shot Kate"
He treated his wife very badly when they lived
and slap her. have this oftener than once.
At any little trihe he would get mad and COM
mence cursing and abusing her. was most al
ways at home. One night he took her TO the ball
q was there) at Odd-Fellows' Hall; this might
have been in November; il was the first Light In
fantry ball this (last) winter went with her.
He got angry because she was going to dance. She
was going to dance, and he up and spoke
angrily then she wanted to come home. When
on street, between Sth and 9th, the way home,
he choked her and pulled other shawl. told him if
he did not behave would alarm the neighbors; he
said i'll didn't hush he would choke me. He brought
an oath out almost every word he said. He kept
on, and be going to choke me; then 1t was that
said would alarm the neighbors. We walked
on, and she stood five minutes, gagged; 30 much
was she choked that che couldn't speak. Wewnlk-
ed on home, and then Mrs. Day asked me to say
nothing about it. did not speak of it till after he
had come there and broke the windows and fired
the pistol / then told mother how he had acted
and choked sister the night coming from the ball.
Some time in March, think, he came there, and
sat out of doors, cursing; father went out to him,
and after pap had gone away he came there, broke
the windows. fred pistol, and broke the palings
When he fired the pistol, we thought he had shot
pap. Mr.. Dexter ran out to see If he had after
while pap came back, the doors opened, and
he came in. lie staid there till one o'clock, when
he and che went home together. When father was
out of the room he would carry on, cursing; and
when pap out talking to Mr.. Dexter be fhought
he had gone out, and would then carry on
| cursiDg. 1890, -srR - s,-f
Gross ezami,rt:on II have seen him slap her at
the house up in her room; he would get angry and
mad and slap her severely. ! was present when
the quarrel commenced at the ball. She was going
| to dance with Mr.. Scott, and was going to dance
with Mr.. MCGEE; he did not want her to dance
with MIR. MCGEE. He had no objection to her
| dancing with Scott. On street, coming from
the hall, suppose he got into Of his tantruns,
and broke out into his violence. lie going TO
| dance with young lady, but ne left her. He
cholSed her without any apparent cause. / am
thirteen years Of age. never walked out with
her and him after their separation. ! remember
| his coming to our house and going up TO the
! garnet. l went up there after them. / was in
company with them before they went up. |
don't know how long they had been up before !
went up there. They were not quarrelling while
l was up there. Pap up there for short
while, long enough for him to speak few words |
don't know what he said; he left them up there;
they left me up there when they came down. do
not know if she wrote to him after she came home
to live at fathers. / never carried any letters
for her TO him. l at home the night in
March He came there about nine O'Clock; set
up till he went away. Father was in and out Of
the room during the evening. He was out of the
room talking with Mr.. Dexter. He heard Day
quarrelling, and came into the room twice. Dexter
staid hour or two after Day In. After
Dexter went away father came into the room.
left the room then. He cursed and swore; called
names. Can't say what he cursed about. He
sat there and damned her; sometimes shc would
coax him up, and he would be quiet and at others
he would break out again cursing suppose he
him say so. He and she were talking on the way
home from the ball. Ipaid no attention to what they
talked about. was much frightened. Witness
repeated Days proceedings on the night in March.
We all, with Mr. Dexter, were holding the door to
prevent Days coming in. He did not say when he
got in that he came there after his wife, He asked
what she came away for. She made some reply;
don't know what he said. After she came home he
kept coming there almost every evening. He al
ways laughed and talked with her at the door and
gate, and on Monday evening he up 80
cry is why l thought he intended to make fuss
Father and mother were home mostly every even
ing. Father had to go out sometimes. Sometimes
John was cross, and sometimes pleasant, and some
times he slapped her. Can't say whether it was
cold weather when he fret slapped her or not. The
very next month after their marriage he got mad
and went away, and came back and scolded at her
This was the Fourth of July. He cursed and
abused her about speaking to Miss Rebeoca Cream
err. He spoke TO Mics Crcamer; he.did not want
her to speak with any one. She did rot dance with
any one at the ball but him; be brought up
young fellow from Baltimore, bat he was so drunk
he could hardly stand up, and she refused TO dance
with him. He got mad about that, suppose
don't go to school anywhere now, nor have
gone within a year past. His general conduct
from shortly after her marriage was cruel and TN