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


suit Of the second thorough examination OF the ps-
toI. Tho attempt TO contradict Boss had failed
The pistol charged in all six barrels with ball,
and there could be no pretence but the prisoner IN
tended, Ia firing, 10 kill his victim.
The defence that the prisoner, at the time ne
committed this act was out of his mind, and who'll
ly unaware of what he doing, and the conse-
quencc OF what ne was doing, was next examined
The weight and value of John Browers's testimo-
ry-that the witness thought him insane from the
time the child was born, In September, 1851 be-
cause he killed his wife in May 1901; and that he
was insane because he did an act which no sane
man would do-shoot another-was commented
upon That of Sears, that he was eating grass, was
disputed wholly improbable, and "a wholly UNI
sustained. But one point oil 1t was aty contradict
ed by the evidence OF Mar5oletti, Kohl, Sessford,
the Charks ,iand James Tucker. Sears said he was
eating grass and dancing at six O'Clock, while the
others named declare they saw him at six in differ
ent places; and some of them were with him from
before till after that hour.
The evidence of Mr. Bender was considered as
no ground for belief in the prisoners INSANITY
Day was at work. and Bender standing near him;
suddenly Mr. Bender hears noise Ike the whistle
of steam-car at his back, and, astonished and sur
prised he wheels round 10 ascertain what 1t H. lie
sees the wDrkmen all looking about, Day among
the othe.S staring wildly, and then he bends down
his head, resumes his work, and laughs imInode-
rately. The noise was repeated this time he saw
who did il Day is laughing, and working very
fast; Bender thinks he is crazy, and Day continues
TO laugh at the success of his ventriioqoism. lie
his ventriloquism and from this Mr.. Bender con-
sidcrs him insane, and because MIR. Bender was SO
impressed, the prisoner asserts his insanity, ana
the jury are asked TO believe il. The work was
done well, every thing requiring mind was per-
formed as usul, and except that the act of ven
triloquisn surprised MIR. Bender, there wasno evil
dence whatever OF insanity.
Mrs. Boiler, too, was called TO testify to the IN
sanity of the prisoner. She met him on Seventh
street on the I'd of April; he walking very fast
As if in hurry, and thinking he looked little
wild, she stepped out OF his way Did Day, the
insane man, run after her; did he betray violence;
did he flee from herr Did he exhibit any act OF an
insane man? The defence say he did. What was
it, He stopped and asked Mrs. Boiler, very re-
spectfully, why she had stepped out of the way!
She told him he looked wild. and Day said yes,
his troubles would drive him crazy. This was on
the I'd OF April. Mrs. Boiler saw him after that,
but never saw bim looking wild When she next
saw him he walking slow. The only change
she saw in him was that he did not look SO happy.
MIR. Dawson testified to several conversations
with the prisoner; to his having seen him walking
along with his head down as if looking for pins; TO
the sudden departure from Gibson's tavern; and
upon these ventured the opinion that the prisoner
was insane from the time the child was born. The
defence was, that he was insane when the one
point--his wife--was touched upon, and that at
other times, when that subject was not brought
before him, he would act like others. III this were
30, why was he insane when walking about as if
looking for pins? What wind breathed his wlie's
then into his ear to upset his reason and de-
stroy his faculties?
Nlarsoetti and Tucker say he was not insane on
the afternoon of the 18th. They say nothing OF
his flying from one subject to another. Marsolctti
says that the whole evening his conversation was
music, the band, the trip to New York, concerts
and continually beating the big and little drums
His conversation was then not Eighty and incon-
sistant, but wholly solely, and entirely on one sub
ject
MIR. Ridgway says that he insane and that
he was violent and rash, Violent and rash against
whom, and about what? Ridgway approached
him with eers upon the subject, and hence his
violence and rashness. 1t was true that be said to
Rdgway that the finger of scorn was upon him:
BY whom was that finger of scorn pointed at him
BY no one but his own conscience; that told him,
that constantly beset him with his fell purpose and
deliberate intentions
Ridgway, however, confirms Pomminitzkey in the
fact that Day aware, at least had cause to
suspect, the condition of his wife. Day tells Ridg-
way that monitor two weeks--after bis marri-
age he accused his wife of being in that situation;
Pomminitzkey says that Day told him before the
marriage that he Believed Shokell had deprived her
OF her honor Pomminitzkey proves the existence OF
this "deusion' long before the marriage, and that
Day was then well acquainted with ShekelPs lntl-
macy with her long before that time. This taken
with Ridgway's evidence, that he accused her two
weeks after marriage, destroys every pretext that
this mans mind has ever been under any deuslon
caused by the birth Of the childa fact he seems SO
well to haxe thought of before. --
Mrs. Boron had testified to the circumstance Of a
disturbance at Fridey's on the morning after the
18th of january, about the time OF rising In the
morning, and that Shekell there in the house.
Ii came OUT however, on cross examination, that
he had accompanied her from the ball. This
circumstance, which at first looked portentous,
amounted to nothing. Did his conduct ON the
night of the birth betray any delusion, or that ne
was unaware of the EVENT. 1t had been said that the
birth was kept secret by whom, and how? Mrs. Be-
ron was there, sent for by the family; Dr. Howard
was there. DIR. Howard says Day on that occasion
calm kind and attentive to his wife las much
any other husband, both beforehand after the birth.
Mrs. Boron says he calm. Does any man, can
any man, believe for moment that John Day that
night was ignorant of what was the matter till the
child was born? Does any man, can any one IN MS
right mind believe that John Day, the husband, did
not suspect or imagine till the hour Of the child 8
birth the condition of bis wife? ii SO, what becomes
of Rdgway's evidence? Ridgway swears Day said
he accused her of it two weeks after marriages and
yet, when it is born, the shock is SO sudden that
from that hour he is under compete deluson; an
ineane man, totally irresponsible tor MS acts,
and bereft of his on the subject OF his wife,
The idea could not be entertained for q moment.
His mother one month after marriage detected IL
while she was moving about in the ordinary inter-
course of the household Who believes the husband
suspected nothing till the moment of the birth; and
that too in the face of the declaration to Rdgway
that he suspected her two weeks after marriage?
MIR. w. examined the evidence of the defence as
to the paternity of the child; and in tins connex-
ion commented on the popularity OF this case, that
the declarations and statements Of the prisoner on
every point and matter had been admitted in his
def ence. Mrs. BrighPs evidence was, that Day
said to her, that Mrs. Day had said to him that the
child was not his Here the declaration of the
deceased given by the prisoner to witness, and by
that witness stated to the jury.
Mrs. Wood says Mrs. Day told her the child was
Shekel's. The improbability that any woman
would, voluntarily, tell this concerning herself,
was forcibly and stronglyspresented. Mrs. Little
Gays Day told her that he did not think it was his;
and said this to her laughingly. To Hevener he
aaysit 10 not his, but that she had told him il was
Shekell's; but Day also told Hevener that, before
his marriage, he knew nothing of Shekell having
been intimate with her; statement positively con-
tradicted, both by Mrs. Little and Pommntzkey.
Mrs. Little told him of Shekell having visited her
for years; of his having left her; of his having
refused to have her; and had counselcd Day
against taking woman under such circumstances,
particularly after he had been paying attention to
another Pommnitzkey proves bis knowledge Of
Shekell's visiting herr and despite of this and all
the circumstances, he told Mrs. Little that be would
find himself up at the Irving House He did know
all about Shekell He told Pomminizkey OF She
kel having deprived her of her honor. He suspect
cd her, or he would never have stated this. He
was bound as every sound minded man would do