The republic. [volume] (Washington [D.C.]) 1849-1853, 1851-07-31

no fault to find with it. should not take him TO
be insane, he appeared to be perfectly rational.
Mrs. Ann Litte.--I know John Day. became ac-
auainted with him ak or seven years ago. he
boirded at my house. This was the summer be-
lore last. He boarded there eight or nine months.
Have seen him three or four times since HE mar
rlage. had some conversation with him when ne
came TO see me after the birth oil the child. lie
looked right serious sometimes when he was telling
me the circumstances OF II. lie told me the cir
curnstances, and said he was going 10 leave her.
He brought his trunk down 10 my house and left IL
there. He told mo that his wife had fine baby-a
fine, hearty looking child--a fine daughter.
said, "John, you have become father SOON" This
was about week after its birth. He said yesj bat
1t was not his. He said this laughing said,
"John, ia it livingl" He said ssNo; went down
TO Alexandria, and when came back it was dead %
He sent his trunk, lett il week, and staid one
night. He left his trunk week, and while il was
there be would come in OF evenings and dress him
eelf, and go out | never saw him again till he
came and said that MIR. Hevener had some money
for him. He brought ten dollars to me TO pay for
bis board From the opportunities ] have had to
ace him, have seen no change in his manner since
the birth OF the child, except his coming there OF
evenings, dressing himself, and going out. used
sometimes to tell him did not think he had good
sense; have told him so both before and after the
birth of the child He would sometimes run on
with his foolishness, and then would tell him he
hadn't good sense He used 10 be lively, and make
use Of funny words. This was the foolishness
have spoken of. never considered him crazy.
Cross- examination During the nine months he
boarded with me before his marriage he was most
lively and cheerful Have seen him cry when peo
pie would hurt his feelings. Have never known
hin 20 burst out in sudden violence and rage.
When he said ne was going away, &C., he did not
appear to be as lively as he was when he boarded
with never heard him speak threatening
language about his wife. When he came there to
dreas he would come in, go up Stare, and go out
without speaking. Before that be used TO be lively
and agreeable with the family. He said he was
going to the West, because of his wife having met
with that misfortune, and he could not live with
her. do not know where he slept when his trunk
was at my house. He was always cheerfuli he was
never otherwise Always had a smile on his coun-
tenance; he never had grum look. did not
think he was strong minded man; if he was a
strong minded man he would never have mar
ried her. ! advised him not to marry her. /
gave this advice two or three months before his
marriage. i knew her about nine or ten or
twelve months before her marriage She used
TO come there sometimes. said, "John, you
should not leave Miss Middleton, 10 whom you
sent your valentines, and go to see Miss Kate Frd
ley" He went to see Miss Middleton and Miss
Fridley at the same time. told him that j
wouldn't marry any young girl that another man
had been going to see for three or four years and
had then left her. told him there was enough much
better looking girls than her that men had not
been going to see 30 long. He told me that when
he went out to see Miss Middleton he would find
away from there. Miss Middleton lived at the
Navy Yard. Miss Fridley came to my house, and
said to her, You are now running down here
after John Day, that sheksll has left you, or that
you can't get Shekell to have you" This was in
February. There had been difference between
my daughter and Kate Fridley.
Direct examination II told John Day of this con-
versation two or three times told him would be
sooner than Mss Fridley. knew no harm of her
except what people said. She a fine, amiable
girl while IN my house. told Day all l had heard
people say about her. had not heard people say
IA - Ill tt,ot ha
bad been going to see her for three four years.
] never heard Kate Fridey make use of any bad
language or cursing and swearing; she always
acted hike lady in my. presence. ! never saw
any thing amiss in any of the family
Cross -eramination.--If had heard that she had
been seduced by SbckelI would not have allow
ed her to visit my house. He never told me any
thing about his being conjured.
George Payne. Il have known the prisoner for
two or three years, perhaps more He belonged to
the same military company that do. His manner,
since have known him, has been alwaysthe same.
think have seen him often since last Septem.
Der, TO the time of hs arrest, as before There was
no difference in his manner, during that time, that
could perceive. Have talked with him in the
mory, at Powers's cigar store, and on Sundays, OF
evenings, and on parades; be talked and laughed
as lively others did; saw difference in him.
He paraded on the I'd of May. never thought, at
any tme he was crazy.
Cross examination. was at the ball with him
at Temperance Hall, and had scufIie with him
.
him from the company. The first lieutenant, Mr.
Tucker, offered the resolution, and seconded it,
and said it ought to be done. / can't say how
many votes the motion received; it was not car
ried
Direct examination. Question. Slate the partic
uars OF this scuffe.
Mr. Bradley objected, and the Court ruled the
question out.
Day gave an insult to lady and took 1T up
i struck him first
Gross examination. gave him the lie. He said as
soon as he done dancing with that lady he would
have it out. We went out, and struck him fret.
We were parted; can't say who got the best Of it,
He did not give me two blows before got at him.
struck him first.
Direct examination We were reconciled; we
shook hands and were on the same terms as before.
We met again az usual. Did not meet him much
except at company meetings. Company meetings.
were once month we have sometimes two or
three called meetngs in month
Leonard o. Cook know John Day. Have
known him for some time Have seen him often
nearly every day in passing the house. He would
be sitting on the porch at his mother's, with his
wife and sister. Never had any conversation with
him. He had two brothers who with me for
time. passed the house every day twice; when
ever his mother would be out on the porch she
would speak to me and to her. saw him on the
Monday of the murder about six o'clock in the
morning. He on the pavement, leaning
against the porch. noticed nothing different in
his manner then.
Cross eranin atom William. his brother,
pound me, ana runaway, ana let niin 60 Jaines,
the other boy, had nothing the matter with him ex
cept his being wild He was boy with whom !
sould do nothing unless was continually hogging
him, so let him CO.
Walter Lenor, esq, was called upon to testify TO
some matters relating TO the quarrel between Day
and George Payne, and to the fact OF Payne
having become the surety of Day, &c.
Objected to and ruled out; then both sides agreed
to pdmit it, but, after further consultation the OBJ
jecnon was renewed
Mr. LenoT.--I know the prisoner slightly; my
knowledge of him commenced on the goth or 2lst
of April last, on the night OF the Light Infantry
ball. The conversation | had with him on that
night was SO extremely slight scarcely remember
word he said except TO enter into the obligation.
On the next morning he came to me and said he
was the person whom discharged from the watch
house the night previous.
Objection being made, MIR. Fendal said the OBJ
ject of the examination TO show an act of rea-
soning the part of the prisoner on the night OF
the murder. On that night it had been proved the
prisoner asked to be taken before Mr. Lenox. The
object now was to prove circumstance which had
occurred previously, and which would induce
sensible to desire to be taken before Mr..
Lenox.
After argument. the Court ruled the testimony
inadmissible