The republic. [volume] (Washington [D.C.]) 1849-1853, 1851-08-21
Local Matters.

1
of the murder of his wife, read the following
sons for new trial:
Ffrst.-That N. L. Adams of the jurors in
said case, did, before he was sworn such, form
and express an opinion; he having said, with an
| oath, to Richard Brooks, that ga man who would
| shoot his wife, or had shot his wife. as John Day
had done should be hung without judge or jury"
| or words to that effect This knowledge has come
to the knowledge of defendants counsel since said
| trial.
Second.-That the wife and daughter Of Mr..
Wardell, one of the jurors in said case, did visit
him. the said Wardell, IN private, after the jury had
retired to make up their verdict; and upon one or
more occasions during said visits did talk with the
said Wardell concerning the said trial.
Ihird.-That the said Wardell did communi-
cate part of the whole of these conversations TO
| Mr. Mann one of the Jurors in said case, telling
him that the people had said TO his (Wardells)
wife and daughter that he (Mann) had perjured
| himself on this case, and urged this on the SAID
| Mann as a reason why he should convict the de-
! PENDANT.
Fotgth.-That newspapers containing remarks
| concerning said case were freely obtained by the
jury after they had retired to make up their YER
dict and that more of said papers contained
what believed to be reflections on him for his
answering "not guilty. when the jury we're polled
| in COURT and the said reflections were pressed upon
! his attention by of said jury as reasons why
| he should convict the defendant.
| FifM-That the wife of Mr.. Turner, one of the
jurors in said case, visited him after the jury had
| retired to consider their verdict, and conversed
! with him.
SirM.-That the knowledge that there was her
editary weakness of mind, or insanity, in said
Days ancestors, has come to the knowledge OF the
| defendants counsel since the trial. this being new
| and important evidence.
The following affidavit was filed in support of
| the first
DIsTRIcr OF COLUMBIA, 3;.
County Of Washington,
On this 18th day of August, 1851, personally ap-
| peared before me, the subscriber justice OF the
| peace in and for the county aforesaid, Richard
Brooks, and made oath, on the Holy Evangely OF
Almighty God, that night or two after Mrs. Day
was killed he in Motley l.. Adams's bar-room;
several others besides Mr. Adams were present, and
the conversation turned on the killing of Mrs. Day,
| when Mr. Adams remarked, that sea man who
| would kill or strike woman ought TO be hung;"
and this deponent, to the best of bis recollection,
further states that said Adams further said he
@ would act Jack Ketch for him." OF this last
sentence, viz.-his saying he would act Jack Ketch-
he is not positive, such being the impression on this
deponents mind. This deponent does not
member who were the other persons in the bar
| ROOM his
| mark
~ : ~ b. K. MoRsELL, j. P.
The following affidavits were filed in support of
the sixth reason:
| DIsTRIoT OF COLUMBIA, 2.;.
| Washington county,
Personally appeared before me, the subscriber,
justice Of the peace in and for the county aforesaid,
| Mrs. Sally Rudd, and made oath, on the Holy
Evangely of Almighty God that she has known Mrs.
Ann Wood, the mother of John Day, since she,
| Mrs. Wood, q child, and that her mind has
| always been weak and diseased; that che has
known her without any assgnable cause tobecome
much disordered in mind, go much SO as to be UNI
| able to take care of herself; any trouble would
much confuse and disorder her intellect. The last
time she her in this situation about eigh-
teen months ago; since then this dcponent has
but very little of Mrs. Wood.
sworn to before J. L. SMITH, J. P.
The affidavit of Mrs. Harriet Kidwe was also
filed, and is in almost the exact words of that of
Mrs. Rudd.
Mr.. MORGAN moved that subpoena be issued by
the court for Mrs. Wardell, Miss Wardell, and
Mrs. Turner, and the two Pumsilps, (thc special
bailifIs,) that they be brought into court and ex
amined orally in support of the second, third,
fourth and fifth reasons their intimate relations
to the jurors being such that their testimony
not be obtained unless the court interpsoe its au
thority.
The CouRT asked whether any effort had been
made 10 obtain the afidavits Of the parties men,
toned?
Mr. MonaAN replied he had not. He had not
| supposed that he could get the testimony Of the
witnesses. 1t was delicate matter, and he had
not gone to their houses, supposing they would be
unwilling to give the evidence.
The CoURT said that the effort should have been
made Until it was shown that the witnesses
fused to testify it would be an insuperable objec-
ton 10 the present motion.
MIR. FENDALL objected to the motion. 1t was
unprecedented. Motions for new trials al
ways heard upon affidavits; and that such the
proper practice had long been settled by the courts
| of England and the United States. An affidavit is
voluntary oath. This motion is, that the court
exert its compulsory power to force witnesses to
| 81, al 49,,
After further argument by Messrs. Morgan and
| Fendall-
| The CounT said, that as the Court bound to
decide the case, it must have all the light that
be obtained upon important subject. The
| Court would be mere machine if it could not act
| in the premises. On principle, he now thought
the Court would be obliged to issue subpGnas on
being satisfied that the consent of the witnesses to
a voluntary examination could not be obtained
| The Court would give the prisoners counsel time
to make effort to obtain the testimony of the
witnesses, and if the effort failed through the re-
fusal of the witnesses to testify voluntarily, he
thought, at present, that he would then order the
subpoena prayed. Such was his present opinion
of what he would decide.
Mr.. MORGAN then said that he would make an
application to the witnesses, and if they made their
aidavits he would file them, and, if they refused
he would make another application to the court for
the subpenas
Mr.. BRADLEY being still absent from the city, the
further hearing of the motion for trial was
postponed till Tuesday next, to which day the court
adjourned.
The District Attorney fled the following affidavit
of Mr. Adams, in reply to that of Richard Brooks,
! given above:
DISTRICT OF COLUMBIA, 1tori..
! County Of Washington, W.
On this 10th day of August, A. ID. 1851, before
the subscriber justice of the peace in and for the
county aforesaid, personally appeared Motley l..
Adams, being one of the panel Of jurors by whom
John Day was convicted of the murder of his wife,
at the present term of the criminal court of the Dis
| trict of Columbia, and makes oath, according to
law, that the affidavit purporting TO have been
made and signed by Richard Brooks before B. X.
| Morsell, justice of the peace Tor said county on
the 10Th of this present month, in the following
words-"that "a night or two after Mrs. Day was
killed, he (the said Richard Brools) was in N. L.
Adams's bar room, several others besides Mr.. Adj