American telegraph. [volume] (Washington [D.C.]) 1851-1851, 1851-07-30
Trial OF John Day.
Charged aoith the Murder of his

Charged NTH the Murder of his Wife
The testimony of Jacob Bender yesterday was
to the effect that for several days before the
murder he had believed prisoner crazy. He
said g ~
i Mary Brewer had for some weeks observed
that the prisoner was in great trouble; he had
told her of his wife and his troubles; his con-
versation was always Of them; he wished ia
take his wife away; he could not be respected
here; he spoke Of Sheckell, stating that his
wife's mother had permitted him and other
gentlemen to visit her house, where his wife
was.
Mrs. Lucinda Wilson. Knew Day, who visited
her shop to purchase cigars. She said saw
him on Sunday night, the night before his wife
was killed 1t was, as near as can recOllect,
between nine and ten o'clock. He was with a
gentleman. Previous to that / had noticed
nothing strange or particular in his converse
ton. thought that night he looked and talked
different from what he had ever done before in
my shop. His face and throat were very red,
his eyes looked swollen, as if he had been in a
passion with some one. Previous to that he
always looked very pale. The conversation was
thus: was about to kill fly, and said to my
self aloud, 81 will not take the life / cannot
give" He then said, Can't you give it life ~
said emo" He said, 81 can" said, " How
GILL you Hltc IL ulG ne bdlu ue COulu lake
life and give life to any thing contradicted
then said, "God gave me life as he gave
this fly life." He then said, g Do you believe
there is God?" l said, " Yes don't you ~
He said, "No." / asked, sWhat do you be-
lever" He said, 81 don't believe there is o
God, hell, or heaven" said, " How can
you believe that" He said, !" know there is
none, and can prove it to you" asked him
how he could prove it. He raised his hand to-
wards the sky and said, "Do you see that sky :?
Well, I've been up in that sky far enough to
know there is no hell nor heaven" He then
turned to the person who was with him and said
Haven't II" and the man said, eyes"
laughed at him, and he said he was going to
prove it to me. asked him how? He said,
F" I have book at home which will bring to
you tomorrow, and prove to you there is neither
God nor devil, hell nor heaven" His manner
was as if in little passion his words were
loud and very harsh. did not see him again
till the Monday night when he was carried past
my house to the watch-house.
Here the defence closed its testimony, and
the United States introduced its rebutting evil
dence.
Adelbert Pomminitzkey boarded in the same
house with the prisoner; was intimate with
him.
Question. if you had any conversation
with the prisoner in relation to a person whom
he afterwards married.
l had. The conversation was with respect to
Miss Catherine Fridley, and was, as near as
can remember, about the last Of November,
1849 He made remarks to me. He said there
was something out between Mr. Sheckell and
Miss Kate Fridley. He said that the way they
treated one another was not 80 good as before !;
it was not 80 friendly. The sense of what Day
said was, that l understood from him that Mr..
Sheckell had deprived this young lady of her
honor. The conversation then closed at that
time. had said nothing about the subject till
he spoke. / didn't know that Mr.. Day was
trying to court Miss Fridley. l was aware
though, that he knew her, for l had seen her
come there, and saw he knew her. Another
time, before l left the house, which was on
the fourth Of December, l had another con-
versation with him; it was in the afternoon
we were sitting by the stove; l and Day were
were in jovial conversation. Day said he was
going to see his girl / asked who the lady
was. He named Miss Kate Fridley. 1 com
menced laughing then, and said, "John, /
wouldn't court such a lady whatI knowed such
a thing about" He continued laughing, and
said in jovial manner, 81 don't care o damn,
I'll take her any how she is q nice and indus
trious girl" made no remark, for thought
the whole was joke, that Mr.. Day could not
intend it. This was all that passed. This may
have been about eight or ten days before the
4th of December. / think met Mr.. Day in
November or December year after, $3.50. J
was in company with my wife. had con-
versation with him. heard of the marriage
was then in the navy yard. All heard was
that Mr. Day was married to Miss Fridley.
Question. you said, "John, / wouldn't
Al lol. q, r1ok
ing Of the word "takei" Did it mean in mar
rage?
Mr.. Bradley objected to the question.
The witness said he did not say "take," he
said " court"
Mr.. Bradley still objected to the question.
The court ruled the question out. The in
quiry was, what was said, and not what the
witness meant.
Witness resumed. ! next met Mr.. Day on
the 9th of May last in Mr.. Kuhl's, about ten
o'clock in the morning / saw nothing differ
emit in his manner he appeared to be Just as
he always was. saw no wildness in his man.
ner; noticed no sadness, no melancholy.
paid no particular attention to him. was in
the room with him about twenty minutes, but
was not talking to him all the time. saw no
difference in him. He did not cry any while
was there.
Col Jehiel Brooks. The marriage of Mr..
Day with some person was mentioned in con-
versation between Mr.. Peter Hevener and my
self /; it took place since the death Of Mrs. Day.
1t was in reference to his marriage with the
deceased.
Question by Mr. Fendall In that CONVERSE
ton did Mr.. Hevener tell you that he had tried
to persuade the prisoner from marrying the
deceased, from any cause arising from char.
acteri
A discussion here arose between counsel q,
to the propriety Of this question, and it was
ruled that the questions asked of Heyener were
collateral to the issue to be tried here, and his
answers thereto must be taken. No witnesse,
could be called to contradict those answers.
THIS MORNING. Notwithstanding the in
olemanoy of the weathcr tbero n m = s.o, :.