The republic., 1851-08-05
TRIAL OF JOHN DAY.
On the charge Of haUig murdered has tDie Catherinl
VEginia Day, on Ms l2ts ef Nay. 1851.
U. s. CRIMINAL CoURT-JusE TEan.
MoHDAY. Aupust a 1881

whether they were feigned or not and if they were
not eigned were they the result OF eccentricity
insanity. lie read an account of the case of Rogers
a convict imprisoned in the Massac husetts State
prison, who had killed the warden of that prison by
stabbing him with knife In that case as in this
the killing was admitted to have been the act o
the prisoner. The evidence in the case of Rogers
was that the disease of his mind was first noticed
three days before the homicide. He was heard
early in the morning crying az il in great mental
distress; when reproved he answered he could moi
help it, that he had heard two of the other convicts
stating that the warden intended to keep him shut
up in his cell forever, and that he would never &c
outagain untilh went out feet foremost Heappear-
ed TO be greatly oppressed and mentally distress
ed. He appeared to have heard voices in the night
speaking TO him OF the intentions of the warden to-
wards him. Though at work in the prison shops,
he was Negligent, and was irregular in his ways,
and was unsteady in his work. Twelve days
after he killed the warden his delusion left
him, and when il had disappeared, and upon
being questioned, he said that he knew not
what he did, nor where he was when he had done
it. This was the evidence in the case of Rogers,
and upon il he was acquitted. Ii presented no
grounds Of deusion, case of insanity, did the
evidence in this Like in that case, how
ever, there was the pecularity that the prisoner,
upon being asked concerning the act, declared he
knew nothing OF il except what the witnesses had
sworn.
In that case the court say, was he at the time OF
the act laboring under an unsound deluson Was
the act committed under the delusion of diseased
mind, or in a paroxysm of violence produced by
that diseased mind Ifso, then he cannot be gull
ty OF murder.
This case of Rogers was strongly parallel to the
present Rogers took the proper means to effect his
object; he selected weapon he took advantage
OF the time when passing through the refect0ry to
seize a knife and to strike the warden at time
when be was not likely to be overcome or disarmed
In this was shown torethought, Judgment, malice
He meditates his deed, he waits for an opportunity,
and at the proper time strikes the blow which ef-
iects the removal OF the cause of his fear.
The question presented by law is, is there de-
lusion' II there be deluson, then did the deed
arise out of or proceed from that deluson? If so,
then he is not guilty of murder.
MIR. b. read at length from the of Oxford,
(for shooting at the queen,) reported in the 3Sth
volume Common Law Reports, 22S. Oxford ma
gined he belonged to society called "Young
England''-a society which had no existence. Day
was under the false deusion that friends had
dropped from him, Stunned him, pointed the fin
ger of scorn at him, an insane idea which had no
existence; for not friend associate had faltered
in devotion 10 him
He read at length the evidence of insanity or de-
lusion in the case of Oxford, and parallel be-
tween it and those facts proven in the present
Oxford was proved to have been frequently seen
crying without cause; in rage and anger without
provocation; and being seen sitting, with his head
upon his hands, moody, melancholy, absent
thoughtful. All these characteristics were fully
proven in Days case.
Oxford had been violent to his mother; Day had
on one occasion threatened to knock his mother
Day had been proven to have given way causelessly
TO tears upon numerous occasions in the street.
Oxford was proven to have given way to iinmod-
crate laughter upon supposed vision OF seeing
certain old women drinking gin; and, upon one
occasion, said it pretty lark, and enjoyed it
as great piece OF fun because he attempted to fill
bottle with porter by pouring it in the bottom in
stead of at the neck. What was such evidence when
contrasted with that of Sears as to Days conduct
on the Avenue on the evening of the murder?
In the of Oxford the Court said that if he, at
the time of this act was under the influence of
diseased mind that he was unconscious of the act
he was doing, he was not guilty and upon the
evidence Of delusion the man was acquitted.
In the present case the of evidence estab-
fishing the existence of the delusion was as much
superior to those in Oxford's valuable
coal mine was to the dross we get out of agravel
bank Was there delusion in Days mind? Did
that deusion exist in belief of state of things
which bad no existence, and which if In his right
mind he would know did not exist? He under
took to prove that this delusion did exst. Day
never mentioned the birth of that child; he mover
spoke of it, breathed of its existence SOUL
till after its death and burial. Its birth was kept
secret-no one admitted to the sick chamber
except Mrs. Boron and Doctor Howard 1t was
the object and DESIRE and purpose of all parties to
keep that birth secret if the child did not live. II
was right and proper that it should be it to
keep secret the shame of ts mother. II was
the bounden duty of father and mother, of wife and
husband, to keep that birth secret, and, if it died.
to keep its death secret. They bound by
every tie to shield that wife from public shame and
disgrace, in order that after the suspicion should
should cease to be nine days wonder, she might
go forth into the world again, unstained and
suspected in public estimation; that she might
take that position in life where she might be an
nament to society, comfort to her friends, COM
panion and solace to her husband. To do this it
was the necessary duty of all to kept it secret.
Day mentioned it to till after its death. He
absented himself from work from the time of it's
birth till after its death. Up to this time he has
been proven to have been q hghminded, ambi-
tious man; man by his good conduct and honor
able principles was struggling for place in soci-
ETY.; and In one week after the birth of that child
this man, possessed of such pride of charac-
ter, goes forth and promulges his own dis
honor and his wife's infamy. He a man
who loved his wife most passionately = who
loved the ground she walked on-in lis love
for her was his whole being absorbed; and was
this conduct the act OF sane man? Was it the
act of a sane man to go forth and blazon his own
shame and the dishenor of wife whom he loved
30 madly? Was it the act of man to go out
and tell the world his wife woman who
was a reproach to her nature? Why should it be
proclaimed! No one knew of the birth of the child
but DIR. Howard and Mrs. Boron, in whose breasts
he knew 1t was safely locked in his own. His
own pride, his self esteem, his ambition, his en-
ergy OF character, his prospects for the future all
were powerful inducements why he should keep it
as secret as the grave. But in one week after the
birth OF that child we find him, on the public pa
rade, telling his comrades, associates, and com
panlons, that the woman with whom he was living
had disgraced him by the dishonor of herself bo.
fore marriage. The child was born on the 18th of
September, and on the 25th of the same month he
openly, publicly promugates his own disgrace
To Lemuel Williams and James Kelly he tells the
tale of his shame. On the next parade day--at
Varden's funeral-Day is there telling his dis
grace; he Is on parade, but not in uniform. He is
not at work, but he is wild and reckless; he is
riding violently up and down the line, procaiming
to all the disgrace Of his wife.
The same week he goes over TO Georgetown and
tells Sengstack all about his wifc's having the child
&c. He tells Sengstack that, although he loves htr,
he will leave her, he cannot live with her. He tcIls
it to Brewers, and says, in the same breath, he
loves the ground she walks on. He tells his mother
of 1t, and says he cannot live with her. He tells il
TO Sears, TO Mrs. Bright, to Mr.. Wroe, to Whit
ney, to Robert Grimes, to Peter Hevener, to Ridg-
way, to Dawson, and TO Mary Brewers, stranger,
and TO others who were strangers He tells il also
to Mrs. Little Here sixteen witnesses to
whom, within two months after the burial of that
child, this man forgets his pride and ambition, and
promuigates everywhere, to friends and strangers
his own shame and the eternal disgrace of the wo-
man whom he loved devotedy; and you are
called upon TO say that he is sane mani That
man who cannot work, who, when at work, can
not attend to it, who picks up his coat at unseason