American telegraph. [volume] (Washington [D.C.]) 1851-1851, 1851-07-24


Charged ,oith the Murder Of his WIFE.
CRIMINAL CoURT, July 23.-In addition to
those mentioned in our paper yesterday the
following witnesses were examined: Mary M.
Fridley, Wallace Grant, John II. Sessford, Dr.
VIM. b. Butt, and VIM. III. Scott. George W.
Fridley and VIM. A. Boss, previously sworn,
were re-examined. There is no material varia-
ton in the evidence Of the witnesses.
Mary M. Fridley (sister of deceased) testified
that on the evening of the murder she was
standing at the gate with the deceased and other
members of the family. The prisoner ap-
preached them; and, in answer to question
by his wife, whether it had been warm enough
for him to-day he said: g 1t has been warm
enough for you to promenade the Avenue all
day." accompanied by an oath. Witness imme-
diately went to inform her mother Of the re-
mark, and before she returned the prisoner
had fired once. Saw him shoot the second
time, having his foot on her dress when he
fired. AT the time the second shot was made,
the deceased was lying at the door. Witness
exclaimed, "My God, mother, John has shot
Kate 70 Witness also testified that Day treated
his wife very badly when they lived at her
house; had slapped, cursed, and otherwise
abused her. On one occasion, returning from
q ball, he severely choked her, and threatened
to choke witness for demonstrating.
Wallace Grant testified, that on the night OF
the ball alluded to he saw man walking in
company with two ladies. He supposed they
were the prisoner, his wife, and her sister.
Witness was well acquainted with Day. The
party were on the opposite side of the street
from him it was about three o'clock in the
morning, and he supposed they were returning
from the ball; heard him swearing and threat
ening with an oath to knock her head off; he
did not offer to strike her.
The testimony of John H. Sessford cores
ponds with that of Officer Boss, and relates
chiefly to the arrest of Day, and his conduct
while going to the watch-house.
The evidence of DR.. Wiliam,. b. Butt is in
accordance with that given by DR.. Stone, re-
lating to the condition Of the deceased after
receiving the fatal wound.
VIM H. Scott attended the Infantry Ball !;
prisoner and his wife were there. His testi-
mony was to the effect that prisoner was much
irritated during the evening, and frequently
used violent language to his wife.
To-DAY.-The Courtroom was again thronged.
Joseph Sessford was sworn on the part of the
prosecution. He saw the prisoner at 8 o'clock
on the evening of the murder, and he seemed
to be sober, but was following girl, and stated
that he could succeed in certain intimacies with
her but for another girl
Mr.. BRADLEY, for the defence, then made o
few preliminary remarks, when he introduced,
as the first witness for the defence,
William Thomas, who said that about week
after Days arrest, Officer Boss told him (Which
conflicts with Boss's testimony that two of the
barrels of the pistol were not charged with
balls, or if they had been, the balls must have
been too small, and rolled out.
James Bowen sworn.-Was at the Jail when
the pistol was examined. Only two of the
barrels were charged with balls. Day charged
some one with putting rope round his neck.
Witness saw marks on his neck having such
appearance.
VIM. Thomas recalled.-Heard Day tell Boss
he would go with him. Saw officer Handy
strike Day after Day was tied. Day kicked
and scuffied when they attempted to tie him,
but said he would go with Boss himself.
Lemuel Herbert sworn.-Day's neck, after
his arrest, was very much swollen.
DR.. Howard sworn.-Attended Mrs. Day on
the 18th of September, when she gave birth to
a child. 1t waSRot premature. Day had sum-
moned him on This day. Day seemed modest
and composed, and did not seem to know what
was the matter with his wife when he called on
DR.. III.
TELEGRAPH IN CuBA.-The New Orleans DeLtC