The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1851-07-28
Trial - John Day ses the ssurdsv - MS

.
The following is the testimony Of the mother Of
Day
Mrs. Ann Woci-I am the neither of John Dsv:
recoieot nearing OF his marriage; Was not il the
city at the tune; never saw knew his wife be-
fore her marriage; iest saw her about four IN ,nths
after her marriage; now think l saw her about
two months after his marriage; before the birth Of
me ehd; ne was with her ia her mo<hec's house
when hrst saw her; his conduct then towards her
was kind and affectionate; | saw nothing to the
contrary; never saw her sgain till after the birth
o. the child; when first her, thought she
showed the appearance Of being soon TO become
neither; said no. hing about it to my son, or to
anybody else; was not sent for at the time Of her
Confinement, and heard pothiug about it TIL about
month after il was born, and then heard IL was
dead and buried; l came down to see her as soon
as could make j. convenient after | heard it;
him there at that time; he told me, but she did
not after got there; tried to compromise it,
he seemed to be unhappy, aud expressed himself
so; tried to quiet him, and told him not to mind
it; from that time noticed a great change in his
manner, SO much so that il made me unhappy, AMI
| could not stay in the country, where l Was then
living, and came down here on that accounts |
think il about the first of January came to the
city to live; saw MIN after that very frequently
the change in his manner increased so much that
was greatly distressed; tried to compose him. be
often said to me, Smother, never can be happy"
| used every kind Of arguaeut with him to make
him happy; after that he came to live with mo at
my house; he furnished part Of the house for him
self and wife; he came there about the middle Of
January; after be came there l always thought
he was good husband l recoleet the eircum-
stance Of her going home TO her fathers in March;
she went home Of her own cause; she would not
be contented with hi n while she lived in that way,
lat my house); che returned again that night with
her mother, cousin and brother; think was up
stairs in the room when they came they all stopped
on the porch. as if they were afraid, and | said
"Come up, come up;' / was in the room when
they got there; after they came in, there appeared
to be calmness: there appeared no malice in him;
they talked over every circumstances, and told
her IL other all about how she had acted aad left,
and her mother said, Well, Catherine, | am
stsid there; he was very calm that night; told
her mother ola circumstance which had TAX place:
said, "lou recollect the night | went vita
them TO your house, she (the mother) said she
walk out With them .often;> as they were going
home some ARRAY occurred between them; she
(Mrs. Day. used very improper expression to
him, and be said no lady should use such a
took hold other shawl, which came undoue or broke
loose; he pulled it, and she struck him; took hold
of him, and said that fhe had any respe,t for me,
there must be nothing like this; it was concerning
a ring; she had ring which had been given her
as pledge by Sbekell he had often requested
her to destroy it. and she had refused; he had
taken the ring, and she charged him with h wing
destroyed it; he said it was lie, and she said it
wa a damned lie; then il was that | took hold of
him and put my hand on her mouth, and said,
" Catherine, do not talk that wsy;' took hold Of
him on one side. aud her by her shawl all the way,
and they went along very quietly; begged her to
two months before she went home to her fathers
the first time; and On this evening in March told
her mother of the occurrence, and il was after
bad told her mother this that the mother said,
4" Catherine, ] am ashamed of you;" all was then
made up as thought, and all laughed and talked
and were quiet; they left, and the boys brought
back the thip Is she Mrs. II. had carried over to
her mothers; they got back with the things about
i n Wa in mi Of rob | u,e1
to talk With her frequently, and she was unhappy,
and complaining Of John l used frequently to say
to her, Catherine, you know how the circumstances
have been, and you will have 10 make allowances;
she would answer, 81 don't care, am good enough
for him." | said, "Yes, Catherine, you may be
COED enough for him, but you know all, and men
are very different and they look on such things diff
fereuty; the evening before the day she left my
house the last time, she left my house 10 come over
TO the city; when she was going she said to me,
d" Mother, tell John ! am going home;' l said,
"vtry well, but will not tell him." she came home
just as we're going to tea; he asked her where she
had been; she said she had been home to her
Tiers; he said II was pretty time Of night
trest not heard she said she had just run down
with her; John asked James where ne had found
her; James said on the commons; John said he
thought so, and asked her, - Where have you
been p She answered, Z" / have been home, if you
must know she went up stairs, and said she was
going home she wouldn't stay there any longer
that she would 60 home, If she had to get q negro
TO go with her on the next morning, heard him
&c, up; be got up and made fire; heard him ask
her get up; sbe wouldn't; he got breakfast ready
the table. lie came down stairs 20 me. and
told me Catherine had not got up. and ! told him
never mind, she was sick, and that -he had not
b. en- looking very well for some DAYS: he ground
his cCfce that mornings then went up into her
bedroom: she was asleep; ! looked At her, and
thought Of how unhappy she made herself; then
thought would not awake her; that perhaps he
would eat hi breakfast and 90 out: and that then
mi he nil he ha L. \ ont
of the room and down stairs; after while he came
down and asked me IL | had not been IN GATHERINGS
room; told him yes, went there TO rake her.
but she was asleep and thought tho was sicl: she
sme down shortly after. and said hal sneaked
into her room, and Ia sneaked out again. aud up
braided me IN that say; he ate his breakfast; she
wooldnt eat any; he said how unhappy he was; |
said ''reye. mind, all viii pass Cd " thought
he would e. 10 work, and when he came back NIL
would bc right; DC did not go 10 WORK that day; nc
ssid that be could not 60 70 work; that he gas a
very unhappy man; that be had been iccei red, aud
never could be happy again--tbat he bad been
treated badly; be cain that day: said 70 hec,
4" sthcrin If you can't i've happy here. you had
better 90 and live With your father; you have a
good father; asked her TO go, up and fix her
rooms; ne aid she woudn't-she would 20 home;
but she didnt 20 home; then told Der 20 20 home;
.bc - 4 she wouldn't 90 until her "a her Fas seat
ior: John said her father had been there. bot had
done nothing: she talked and CARED on this way
al DAY; ted Der 20 20 home Il she vac not hap
iy-'hat be ought never 10 have married my sou
hat she had teceiysd hun; she said tina, abe tan
alfred him all any ia this way; | aid TO him,
"JOhu. take Der away, and get honse-she shan't
live hefe;' che was up stairs, AMI commenced TAX
ng her clothes out " the pres; told her she was
doing = bad oay's work for herself: Il shc took
them oui they would never hang there again: ..,s
I'D sne dim care. she took thcm out and packed
them all NJ; he conmcucei taxing down the
cuItsinf; John objected 70 this; ! tod him TO
let Der have them. and she-Ts0me.hing WIS aid
bout her claiming the bed yallants, but die
or HtsHN
commenced q conytrsa.ion about her misfortune:
She said Il WI. nc trt time, but would ~, Be he
last; John said. THAT too bad: she told him
that he good his mother or his sister. ]
loio her that might be true. but that $40 hsi not
acted right; that she had deceived him and should
never have married him: she Nould1'i eat any
Girr,r when tta vas gol BE carried some up 70
her. AID prcss,d her hard 10 drink bat tea but
she wouldn't; after that she vent away. aad after
nia IA, he came back With hcr fathss aud mother:
dln-i LnnW LnM fhnN rni in, Mr. Wind all :. |