The republic. [volume] (Washington [D.C.]) 1849-1853, 1851-07-26
TRIAL OLE JOHN pAY.
On the charge Of having murdered his ,Difs Caiherin,
Virginia Day, on the l2M Of May, 1851
U. S. CRIMINAL CoURT-JuEE TEam.
FRIpAY, July IS, 1881
vIprNcE FOR DErENoE coNrINUEp.

4
| John Broto1s.-I have known Day going on four
years; knew him before he was married. His dis
| position was then lively and cheerful saw him
after the birth of the child, and as far as could
see, he was changed He at work at Nailor's q;
he would leave his work suddenly and leave the
place, and would go and dress himself and walk
| right by where his wife lived. Can't say ever
noticed that peculiarly before; saw him at work
before his marriage and the birth OF the child; he
was attentive and active. Don't know the charac-
ter of the work. When he would leave his work
he was melancholy and sad; very intimate
with him. He spoke of his wife TO me; he said il
il wasn't for her mother he and his wife could live
| very agreeably. He had left hen once before. He
appeared TO say her mother was always willing
(desirous) she should live with her he didn't like
that. He preferred to be away from her mothers.
He didn't tell me that she (hirs. Fridley) wanted
4 him to live at her house.
The witness asked TO state his opinion as to
the soundness of Days mind after the birth Of the
child.
] Mr.. Fendall objected.
After argument, the court--the question having
been heretofore decided by the circuit court in the
Alexander, Calder and Travers will cases-decided
the opinion OF the witness was admissible; the wit
ness, however, to state the facts upon which his
| opinion was formed.
| MIR. Brewers was then asked whether from the
general conduct Of Day after the birth of the child
as detailed by witness, did he believe be sound
! IN his mind and the witness said he did not be-
| lieve Days mind was sound from that time
| Cross eSamined Don't think Day exhibited vio-
| lent temper before his marriage He was not then
a habitual swearer.
saw him frequently He told me that he had
been overto Georgetown after Shelkell, being that
hs wife had told him Shekel was the father of the
child. He told me this about week or two weeks
after the child born. Did not tell me when his
| wife had told him SO. / noticed then his change
OF disposition He was working at Majors then !;
can't say how long he had been work there then;
don't think he worked there more than three or
four days. The first place saw him at work after
the birth of the child at Majors, but had seen
him with his working clothes on going to and
| from his work. had no reason for thinking he
was at work except from his having his working
clothes on lie gave no other reason than that
| Mrs. Fridley wanted them to live there why he
and his wife could get along very well il it not
for his wife's mother.
was at no public places with him after that ex-
| cept at the company drills, which were frequent
| Don't recolect whether he was a member of the
Infantry before his marriage. Sometimes at the
drills his actions would be more lively than they
usually were. saw him at the ball at Odd Eel
| lows Hall. Don't remember seeing him at any
other place Have seen him walking in the streets;
noticed nothing different in his manner then The
facts have stated are the foundation for my opn-
ion that he was not IN his mind at the time he shot
his wife Can't say how long the last of these facts
was, nor how long when last him was be-
fore he killed his wife. don't think person in
his right mind would do what person not in his
right mind would do. This ia what mean by a
person not in his right mind. Persons not in their
| right mind would do things which they would not
do were they in their right mind This ia the near
| est can come to what mean by his not being in
| his right mind don't think a person in his right
mind would kill person. This is my reason for
believing he not in his right mind at the time
| he killed her.
Direct eIamination.-I don't think he was entire
y out of his mind from the time of the birth of the
child; but his mind was unsettled.
| Cross eramination- When said a person in his
| right mind would not kill another, meant it as
| general.
| Captain Joseph D. 1aie-I commanded the Light
Infantry. The first parade after the 18th of Sep
| TENDER was on the 25th of September. We pa
raded on the 18th and went to Mount Vernon
Cross examined. Day belonged to the company;
think he has been member for eighteen months
/ from this time. Did not know him before that
| Have met him sometimes at parades, and at the
| company meetings; my attention was never drawn
particularly to him by his conduct.
Mrs. Ann Wood.-I am the mother of John DAY.
reccllect hearing Of his marriage; not in the
city at the time. Never or knew his wife be-
fore her marriage. First saw her about four months
after her marriage; now think 1 saw her about
two months after his marriage-before thu birth of
the child He was with her in her mother house
when hrst saw her; his conduct then towards her
was kind and ahcctionate; nothing to the
contrary never saw her again till after the birth
| OF the child. When first saw her thought she
| showed the appearance of being coon to become a
| mother said nothing about it to my son or to
anybody else; was not sent for at the time of her
confinement and heard nothing about it till about
a month after it was born, and then heard it was
dead and buried. came down to see her as soon
| as could make 1t convenient after heard III
saw him there at that time He told me, but she did
not, soon after got there; tried TO compromise it,
He seemed TO be unhappy and expressed himself so.
tried to quiet him, and told him not to mind it.
From that time noticed great change in his
manner, 30 much 30 that it made me unhappy and
| could not stay in the country, where was then
living, and came down here on that account
think it was about the fret of January came to the
n / hat
the change In his manner increased 30 much that
was greatly distressed. tried to compose him. He
often said to me, "Mother, never can be happy"
| l used every kind of argument with him to ma he
him happy. Alter that he came to live with me at
my house he furnished part of the house for him
self and wife. He came there about the middle OF
January. After he came there ! always thought
he good husband. Irecoect the circum-
stance OF her going home to her fathers in March.
She went home of her own cause She would not
be conented with him while she lived in that way,
(at my house.) She returned again that night
with her mother, cousin, and brother | think
was up stairs in the room when they came they
all stopped on the porch if they afraid and
| said come up, come up. was in the room when
they got there. After they came in there appeared
to be calmness; there appeared no malice in him.
They talked every circumstance, and told
her mother all about how she had acted and left
and her mother said, f'Well, Catherine, am
ashamed OF you" This the night which she
staid there He very calm that night. told
her mother Off circumstance which had taken place
said, "You recollect the night went over with
them TO your house?' She (the mother) said she
did. IL was the only time went with her. did
not walk out with them often. AS they were go
ing home some atfray occurred between them; che
Mrs. Day. used very improper expression to
him, and he said no lady should use such remark
to him in the street. 1t was the avenue. He
took hold OF her shaw which came undone or broke
| loose he pulled it, and she struck him. took hold
of him, and said that if he had any respect for me
there must be nothing like this. 1t was concern
ing ring, She had a ring which had been given
her as pledge by Shekell. He had often request
ed her to destroy il, and she had refused; he had
taken the ring, and she charged him with having
destroyed it; he said 1t was lie, and she said il
was damned lie. Then it that took hold OF
him and put my hand on her mouth, and said,
Catherine, do not talk that way took hold ofhin,
on one side, and her by her shawl all the way, and
they went along very quietly. begged her to be
quiet and say nothing This was not more than
two menths before she went home to her father
the first time; and on this evening in March
told her mother of the occurrence, and it was
| after had told her mother this that the mother
said, Catherine, 1 am ashamed of you.'' All