The republic. [volume] (Washington [D.C.]) 1849-1853, 1851-07-24

west. was on the southwest corner Of 9th and ID,
| and they were coming towards me; after that
| went into the Republic office.
| Cross eIaBsined.-That was all heard. He said,
| "l'll be damned If don't knock your head of :"
She had hold Of his arm. They had halted near
the frame stables. Ii very still and quiet, and
| person walking alongside Of them could hear
what said. Could not say he was tight. He
| did not offer to strike her. They walked along
| very quietly after that heard his remark and
her reply. His was in loud and angry tone Of
| voice One of the boys in the office was with me.
| John II. Sesgord.-l was at home, about hun
| dred and fifty or two hundred yards from the
place, when heard two reports OF pistol or gum
| / started out and went over to the house. saw
/ Mrs. Day laying on the sofa. was told who had
| shot her and where he was standing. Met Boss on
| d street, near 18Th, and told him Day was on the
opposite corner. Boss went over there, and went
| alter him. Boss had hold of him when got there.
They started Off down the street. l went up to
| him and laid my hand on his left arm. When on
ID street, between 18th and 18th, Day spoke to me-
| and asked me il had seen her. answered had
| seen her. He then asked me If she was dead.
told him no, but thought the would die. as he
| had shot her in the breast. He lifted up his hands
and said, sob, my God % and kind of cried.
Boss then reached his hand over TO Days right
hand pocket, and Day reached his left hand over,
| and both their hands reached the pocket at the
same time. Day said "Dont take ii, will give 1t
| 10 YOU" Boss said never mind, some such re-
| ply, and took the pistol out of his side pocket
Just before after this Day turned round and
| saw John Hammock, aad said 10 him, "John,
don't follow me; keep that crowd back" Day said,
Don't carry me to the watch house, carry me be-
| fore Mr. Lenox." Boss said that MIR. Lenox was
no Magistrate, but ii he wished Mr. Lenox he could
| be sent for. After that ! spoke to Day myself; ]
said, "John, you have cut hell OF pretty caper
| to- night" His reply was, that he did not care
| damn. No other conversation took place between
| Inc and him. | suppose he knew 10 what referred
when spoke OF his cutting hell ola pretty caper.
| Cross erauined.--I don't remember his having
repeated the expression 81 don't care damn" on
Ala. 20 tba .tnhh nn1n wa a nj
| him. lie had some conversation with Boss, which
/ did not hear. The witness rope ated the clrcum-
stances of his examination before Captain God
| dard at the watch house, &c.
| was acquainted with him. He did not appear to
be excited that night. He little excited when
| he threw up mis- hands, and said, go, my Cod!
did not think he was drunk. He appeared as if he
| had been drinking during the day.
| Or. Wm. 3. Butt was examined, but as his tes-
| mony in entire accordance with that of DR..
| Stone, it ID considered unnecessary to publish it
| at length.
| - Scott was at the Light Infantry ball on
| or about the 2Sth of November, 1850. At about
eleven o'clock that night was dancing near Mrs
| Day and her sister; don't remember who they were
| dancing with. took her sister, and danced oppo
site to MIR. and Mrs. Day. After that set Twas not
| engaged; then there was promenade. On second
after that, went TO Mrs Day to dance with her.
wanted to dance opposite to her husband, and she
| refused, and wanted TO dance the second one from
| him. While there she called him over, and said
L
stated no reason; he then stood and looked at her
| few minutes, and then, think, swore, and told
| her to get her bonnet and get ready to go home
| She started to get ready, and left. i went out
and crossed the street, and went into Galess office,
and came back in few minutes, and in the second
set found Mr.. Day dancing; asked him where
j his wife was; he said she was in the dressing
room, and to go and get her; went there, and
the gentleman at the door called her out. We did
| not dance that set it was too crowded to get a
place, and we went and sat down. We got ready
| to dance in the next, and man who believe be-
longs to the rifle company of Alexandria, came up
| and wanted TO dance with Mrs. Day; refused to
let him dance with her--he too drunk. We
stood there and argued; he said it was his set to
| dance with her; told him ii the set pre-
! vious that was his. He went of. Mr.. Day
| came down. and asked why she did not dance
| with the man. She said che did not want to
dance with drunken man. He said nothing more.
| At that time young man named MCGEE came up
and asked her if be might have the pleasure OF
dancing with her the next set. Day told him no.
She said he might. MCGEE took no notice ofDay q
| objection, and went off danced that set with
with Mrs. Day. We took seats for refreshments
took seat near her ut her feet. We prone
| naded. danced next set with her. After that
| hlcGeo came up to US; we were down at east end
| OF room; Day was at west end. Mrs. Day and
| myself, her sister and MCGEE were at east end.
| was going TO dance with the sister and MCGEE
with Mrs. Day. saw Day coming down, and we
all got in the middle Of the set and commenced
talking; no asked if she was going 10 dance with
4 MoGee; j told him no, Twas going TO dance with
her and McGee with her sister. said this to pre-
vent quarrel. He said that she was that he had
seen her getting ready; he cursed and swore, and
Niece got disgusted and went away. He cursed
MCGEE land then danced with Mary. While dancing
there, MCGEE came back and asked who Day was,
and if she came with him. She told him she did
como with him, but did not tell him who he was.
Day came down next set or so, and asked her why
she had not told the gentleman who he was that
MCGEE had asked him what authority he had and
that upon his telling him. MCGEE had asked his
| he
husband. ! did not notice her reply I; he com
menced cursng that / went off and left him.
He appeared to be cursing her, and one but her.
When he came up think he said, ''Why the hell
didn't you tell that man who wasp He cursed
oftener than at that time. / walked round
the room several times, and found them at the east
end of the room by themselves, little apart from
| the company, and he was still cursing her. Ours
| ing was loud enough to be heard by persons close
| to them. Don't know what time it was, but the
crowd began to slide about that time. Her sister
was there with her. l wanted her to dance or pro-
| menade; she would do neither, saying she did not
want to. | went off. did not sec them leave the
| room. | was not present at her death. had a
conversation with the prisoner Since he has been in
Jail. He said he knew nothing about it except the
| evidence sworn against him. He spoke to me
| about his struggles, and what he had got He
| told me she was as good wife rs any man could
have got. took but little notice of what he said.
Cross eramined.-I-did not know MCGEE myself
| l think he stayed in lace store on the ave-
nue.. had met him at Mr.. Fridley's once or
| twice; this was last summer year. | think
| he had just come to the city. don't know where
he was from. His manner and department in
! the ball room were unexcephonable. Day did not
| state TO his wife in my presence his objection to
her dancing with MCGEE, could gather the
| objection from what he said did not at any time
hear him say that he objected to him because he
was the friend associate of named
Sheckles. She knew he was associate of
| Shcckles, because he had visited the house with
| Sheclles. She agreed TO dance with MCGEE before
| her husband objected. Just she agreed, and
| Niece turning off, Day said, % No, you shan t
| dance with him." MCGEE addressed her as Miss
Catherine.
George W. Fridiey, recalled.--I examined the
| dent in the door spoken of yesterday, and think
there lie bullet or some hard substance in there.
1t was first pointed OUT me since the murder.
! Another examined it also.
w. a. Boss recalled and examined by defence.-I do
/ not recollect having charged Handy, at the Jail,
with having struck Day, and reprove him for it..
| The pistol was examined at my house about week
after the examination at the jail. Don't remember
having made any statement that two of the barrels
| bad no balls in them. Have spoken to many per-
about il since the examination at the Jail, but
not since the examination at my houset remem-
| hal or-,, bad tfor M