The republic. [volume] (Washington [D.C.]) 1849-1853, 1851-07-25
[REPoRTED FoR THE REPUBLIC


THURSDAY, July "a, 1851.
IRKPoRTED FoR THE RHPUBLIc.1
Owing 10 the non-attendance of the Witnesses,
the examination in the case was not commenced
this morning till after eleven O'Clock.
THE EvIDENCE--coNTINUED
Joseph Ses1ord.-I saw Day ON the evening of
the 18th of May, about six O'Clock; il was few
minutes before six. Ii ON Four and "a half
street bridge; he was Creased. said to him, "old
fellow what's the mattek with you to-day, you're
not at work." He said, vi am sporting about with
the girls" l asked him with whoms He said,
That young lady going by there, (pointing to
one) In blue" told him ! would be very apt TO
tell the old woman on him. and she would pull his
hair. lie remarked. "Not very likely" asked
him what girl IT wasl He told me the name of
the GIRL and stated that "she was a private snap
asked him where she lived? He told me in his
neighborhood That he had been after her for
some time and was bound to have il if it could u
got. He said that he would have had it, but there
another girl who had bothered him in the
omnibus. He passed ON and said nothing more.
might have hallooed to him something. He APP
pcared to be quite composed; quite lively. This
Oh the same evening his wife was killed; about
hour and half before she was killed
Cross sraniined He gave me the name of the
lady; did not know her personally. He was some
fifteen or twenty feet from her she was ahead of
him; he following her; stopped him on the
bridge. We were about to quit work. We stop
ped work at six. We were about TO pick up the
tools. did not them till they got about the
centre of the bridge. spoke to him about the
centre of the bridge. They were going from the
avenue towards the arsenal. 1 should Judge she
was reputable person, from her CONNEXIONS and
what have heard. never heard otherwise.
did not see him speak 10 her. He walked on after
her for square or two, and returned. ! was
the bridge as he returned back again. No CONVEX
sation passed on that subject when he returned.
When said " the old woman" meant his wife,
and from his answer supposed be understood
me- He was quite lively; did not look like he had
been drinking. His remark that he had been
sporting with girls in the omnibus; had been rid
ing backwards and forwards with girls to George
town. She walked on. There was a young girl in
black with her; they did not seem to be expecting
him to follow them.
The evidence for the prosecution was here closed.
THE EVIDENCE FOR THE DEFENCE.
Miss Harriet Walden, witness summoned for
the accused, not appearing, an attachment was
prayed and ordered.
Mr.. Bradley desired to make brief statement
of what the evidence for the defence would be.
MIR. Fendali objected; the defence had the right
to elect whether to open before the Government Of
Tered testimony, or at the close of that testimony.
They had selected to open at the first time.
Mr.. Bradley replied, and the court said the ques-
ton was wholly within the discretion of the court,
and ruled that the defence might now make more
detailed statement of their evidence.
Mr.. Bradley said that some time in l849 the pri-
soner returned to this city to live. He was
ceedingly good workman--a skilful mechanic.
the deceased; she lively entertaining person.
He visited her at intervals, and in January Feb
ruary, 1850, he became intimate with her. Until
the close OF January or February no degree of init
macy existed between them; were his atten-
tons marked constant. His visits at her fathers
were accepted, and particularly by her. He con-
tinued his visits till he became devotedly and pas
sionately fond of her. There could be no doubt of
his strong devotion to her. In June, without the
knowledge of his mother he contracted marriage
with her Previous to the marriage she was un-
known to his mother After the marriage the mo-
Their visited her. A short time after the marriage
the mother became of the opinion-from appear
ances easily to be noticed by the experienced eye
OF mother-that the marriage oughtto have taken
place sooner.
: On the l4th of September three months and ten
days from the marriage, she brought to bed
with a full grown living child. Day was present
at the birth of the child, and thought might have
been supposed that then he would give way to
some violent outburst Of feeling, such was his de-
votion to her, such her influence him, such
her controlling power over him, that none took
place Though deeply ,saddened and afflicted by
the event and overwhelmed with grief, he at all
times was careful TO ward off all suspicion from
her. Previous to this, perhaps, there may be evil
dcnce of one outbreaks passion, but up to that
time they would prove he had been industrious
and steady; but from that time they would trace
the effect OF this upon his temper, habits and mind
In January, 1851, they left her fathers and went
to live at Mr. Wood's-Qay's mother having mar
ried Mr.. Wooden the Island Shortly after they
in the conduct of her sons wife towards him which
she considered was proper to be complained Of and
she demonstrated with her, and it was that remon-
STRANGE, and not his ill-reament which first caused
her to leave there and return to her mothers Wit
nesscs would detail the circumstances and CONVEX
sation attending the outbreak at Mrs. Woods
house on the sth of April. During the interval be-
tween this and the 9Th of April the wife confessed
to his mother that her husband was not the father
of the child and that after her marriage she con-
tinued to correspond with the father of the child.
Whether these were true or not, it would be
shown that the husband had reason to believe
them.
The child lived four or five days, and its birth
was kept secret as possible.
These things destroyed the balance of his mind
and that clear judgment which was necessary in
order to make him responsible for his conduct
After this he may have shown frequent bursts of
passion, but still he had for her the most passionate
regard, and she exercised over him the most con.
trolling influence. IL would be proved that after
the Sth of April Day did leave the city, and they
would prove that he came back at her solicitation.
On Saturday. the 18th. of May, when this cad
event took place, he was. employed by Mr. Nelson
Henning, and they would show that, although
skiful workman, his mind com petely off
its balance that he was unable to do his work and
that what he did do had TO be taken down and set
up again by other hands. To friend, on that
day, he poured out his whole soul, and betrayed
his utter inability to take care of himself. On Mon
day, the day of the act, he found on the banks
of the canal alone, without hat, dreaming, COM
pletely lost to himself On Monday, they would
prove that he was not sporting about with girls in
an omnibus, but that he from three O'Clock on
the top of an omnibus talking with the driver. If
they could show that. under these circumstances,
Day was at the time under temporary alienation
of mind-that his reason dethroned-then the
Jury could not convict him of murder.
Wiilian II. Ihomas.-I had a conversation with
Mr. Boss concerning the loads in the barrels of the
pistol. Boss said that he had examined them. |
asked him if it tfue that the pistol had two
barrels which did not contain balls; he said yes
and thought they were blank cartridges. This led
10 a conversation about whether Day intended to
use those barrels Boss said they were the last two
barrels which would have been fired. | had but
one conversation with him the subject, il was
,bout ten or twelve days-- certainly more than n
week after the arrest of Day.
Cross trdnination.-- told me he had drawn
he charges at the jail he spoke Of no other exafn-
nation.
James o. Bo,oen-I was present at the examina-
ion Of the pistol at the Jail. The witness detailed
liz observation of the examination, and was sats-
led that in one at least, or perhaps two barrels
here was no evidence of ball being within it,
saw marks on Days neck that night. Don't think
hese marks could have been caused by the sparks
# cigar. The mark on the neck was about six
inches long, across the back Of the neck.
Nothing further elected on cross -examna-
ion