The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1851-07-27
Trial OF John Day for the Murder OF hi
Wife az Washington.
Prom the Washington kepubt,o, July 25.l
rFSrf dONY PDR rVs DEFkSl

grown; thought there appeara of being |
premature, and that il for fuil think the
child was living, but am not postivu; attenied
her for several days. think | Saw the chd Is uexs
day; can't say saw it after that; ddnot prescribe
forts John Day came for he va, IN tns room |
during the time of his wfe's laboc cant say no vas
there when it was born; sa nothing oecuiar IN his
conduct; he was modest and qaes, sdd attontve Co
ms wife; he was stranger To before Til At time;
when he called for mo in luired what vas wanted
for; he seemed not to know; he SAID go srcs;
did not know what was the matter tlll got TO the
house
Mrs Boron-I reside in this city; sincs my mar.
riage occupied rooms at Mr. Fridlry's | went
there la Il winter was one year; darug tho winter
and spring previous to the marriage was there
though not a. that tune; Day vsired there
during that time; l have seen Mr. fhomas Sack
ell, OF Georgetown, at the house twice " ale was
there; the second time | dill not ulm ba
heard his voice in conversation with Mrs. trldley;
it was the morning after the bIl-.he Era lklia
Fire Company ball; it was in tue n0tning, jast
before the tine Of rising; Mrs Day was dowa
stairs; she went to the ball With her bother;
heard it said. (Mrs. Day being presently that be
lShekelD had come homo VITO her, | heard NJ T.
Days voice talking down stairs; they We're Ali b.
low; lived in the house then, aud nave no doio!
that | heard her voice, and Mrs 5 votoo. ana
Sbekells voice. ! called there when Mrs Day
was confined; Mr.. Day came for NE toe nisa, sne
was confined; Day was in the 70 IN aud out ot the
| room during the night; saw hum dosa stairs, IN
the kitchen and up stairs; he made fuss, but he
was crying; saw hun crying ny stairs; n, looHed
very sad, aud very pitiful indeed no mate no com
plant to me about 1t; had h0 coavr,-t'.oa win
him after the birth; the child was living. | ~ss
there the day after, and saw the child, saw it
again one day after that; | went there Oh the next
Monday but did not see the child nor dld after
that cannot say what day Of the week che child
wac born; ga Day once or twice afCer thas; he
came to my house once, az once ! saw niin Ia The
stage going to Georgetown be appeared co 10 vecy
much disturbed it shortly after tae birth of the
child continued to reside in tue ne'gaborhool
though do not now; | lift my furniture at Mr
fridey for some weeks after left there ms self;
went TO live al my mothers.
Charles Il. SeDgstack, RI kuo v John Day; |
have known him for the last eighteen moths; |
was not in his company ofteo; before his arriage
hs disposition and manner was jOya aud sociIbis;
aiier ais marriage was residing in GeorgstoHa;
recollect the time when Day caine TO ,ieorgei0sa
| after the birth of the child; he ID com
| pany with Mr.. Boron; he had not the same look
he had before bis marriage; he was very sad; he
| told me
Witness was stopped by Mr.. Fendau
Mr.. Bradley maintained that The defence had the
right to give in evideace the language and acts of
| the man, upon the subject which Sas said TO have
operated on his mind. The defence was, that there
was brooding melancholy which. step by step,
'apped the foundations of that judgment which
| necessary 70 make him responsible for his
How could they show this without giving the
| language a we'll Is the acts OF the party.
MI Ftndall replied, denying the right Of the ac,
| sta ,ements to prove bis own insanity.
Mr. Bradley rejoned
| The ourt ruled the evidence 10 be admissible
There was difference bet ~een evidence of insanity
and evidence to repel the proof Of tue homicide. He
regarded this evidence offered. not for the pur-
pose Of repcling the proof of having nntted the
act but as tending to show the state of his mind,
step by step, rom the time Of tho Dir IA of tbs child
| up 70 the time the offence committed. lie al
mited the declarations OF the accused to show the
state Of his mind.
Mr.. Sengstsck recalled-The time be came there
not more than fortnight after he birth OF the
child he stated that Sheke was the fat Ger Of the
child; that he intended TO or had licked whipped
h.kell that he intended to leave her and the ty;
that though be loved her, he intended to leave ner
j think that was all he said al that time; had
heard before that Of her confinement. and hal men-
| toned it to some one, and it Isn,ed hs cane
! over aud told me that ne heard hal spoken ds-
| respectfully Of his wife | told him what | had
heard, ard he then told mo what | have stated, [
Jaw him several times after that aud he seemed 10
| be very much disturbed; | had conversations with
him alter he used 10 be pleasant with me- af ,hat
, lie was cool aud distant; | never sa~ him jovsl
bat once after that; it was on the LIST Of Nay When
the infantry were out tIrgct firing, he was boating
| the cymbals; he was member Of tha. company or
! bard at that time.
William Maxwel-Iiave known John Day for
eight or ten year.; was in Mexico in to, rcgi
ment with him; am plasterer; ne is a brio Aayer:
often thrown together; previous his
! marriage he was very lively aud sociable; a
change in has manner, In his intercourse With his
friends, after his marriage; / did not SEE him for
! two months after his marriage, or longer; sa~ him
sometimes at the armosy; We belonged t. the Ligat
/ Infantry; he was absent minded. When the com
psny lively he was ~ lively a. any; when IL
cooled down, aud the conversation tuned graYcr
subjects, he became absen. and melancholy. and
whsn spoken 10 would appear rs e he did ut hear;
/ | Gid not notice any change in hin til after they
! had parted; he appeared 20 be melancholy aud
thoughtful; | went TO Alexandra % he ball With
hun; it was after the Light Infantry bal Faueis
! Mitchell, John BUcking nam, lanes King, AMI Silas
hhk went along; can't say thai there any
change in his manner at that time; when in the
back hc spoke OF hi troubles, ani said be might
as wei. enjoy himself for IL nc stsd a. home be got
hell, and IL be won't away he got he'll; he was not
With me much tl after the separation, nor much
| in the company associated With; the frst tins !
ever noticed aDJ thing Of he KIM ia PJ Ters'
! segsr store; ] was on the settee, and be vas
I on the zane settee, sitting, down with hi chin
! rcsting 0u his hand; Il made an impr sion On
F, ire a. the time; lac looked 10 ch1iy and
| troubled On other occasions. at the same
store he would leave me a. nigh, about uine
I o'clocs. aud tel me he would b. bask imns-
distely. sud would ses more Of him thai aigbt,
be us.d 10 20 10 biz TIies a. those times tlU Os-
CURED several times, aud ! rcmlrssI, oIs %l'I--
/ lsy night, that John Day had LOSE, iosilg.
bis senses; have had conversation vita him %
he subject ot his distress; he never said anything
| about his wEe being gn.ai'htu' e. hin attor n1--
| ivge; be iByiiod me, q few mort5s after D. We
i1arIied, 90 ride down % the Navy 1a-d; he toll
me What had ccc t-rod % his "iic ini tae brth o.
ice child be told me the name % the mar who vas
he caust. and sad DC would Whip n.In evc-y time
&c net him; be told me nOone taoaEnt auyth IS ot
him (Uny) on account Of IL; nc rcpca cdiy spoke 70
ne about the birth % tho child, blt never head
hin say a gori against his wife, be said nat he
thought be could live coup,r itissly happy win
lis vide even und Z the circumstances, 10 ~ were
not for his wilss mother; tod also, 10 log5d
The ground shc (his vife) walked Oh; ths vas said
On the corner Of Seventh stree, aad Pom, ylvanii
ayCnre. between the time Of separation aad her
death; wss board the steamboat going - Alos-
andTia with him. the same day tnat rode DO 90 .
the Navy ard with him; be vas uU,a GtJE!cat3 q;
be AIRED TO be trying to jump ogsrbcsri; seyc-
rel a tried 20 keep him irom 80 dong he l1fs
bis cap Oycrhoard be wa ssiu giug OFCr the rsds,
ne poke 20 that day Of the birtn 0f tie chiii
4 | Ltmucl Wilbams-knew Joha u4y b.soc3 b.
{ | wen TO Mexico; knew hi "a veil. his coaiIcs va
{ cheerful and socibble in so,iety kasF Nrs. Day
9 before and az The time Of her marriage taogc va
nothing IA Der appearance q. ths time % give rice
. 10 "a picion Ia ny mind ths. she VS. pTsgaint,
| Al. Htr s.ts 4