The republic. [volume] (Washington [D.C.]) 1849-1853, 1851-07-31
u. S. CRIMINAL COUNTLESS TKan.
WEDNESDAY,, July so, 1851
RrBurrrNe EvIDENcE coNrrNUED.

Day. never saw him before the night he came
on the bridge when we were at work. That was
the night suppose, he killed his WIFE, heard Of
it that night 1t Al street bridge. II
nearly ak o'clock.
Mr.. Bradley asked whether thia was rebntting
evidence
Mr.. Fendall said il certainly was. The United
States had proved that the prisoner was on this
bridge at ak o'clock. The defence had offered
testimony TO show that at that hour the prisoner
Mr.. Bradley coniended that this evidence was
merely to support the evidence given in chief by
the United States, and was not rebuttng testi-
mony.
The Court said the United States was to be bound
strictly to rebutsing testimony. lie thought this
was rebutting testimony.
Mr.. CLARK resumed, Day was there between
five and six o'clock. The reason why know 1t,
the boys had commenced picking up the tools,
which we never did till near six O'clock Mr.. Jo-
seph Sessiord and my brother were therp when |
saw him.
Mr. Fendall Go on and say what he said
Mr.. Bradley objected What the prisoner said
not rebutting testimony.
Mr. Fendall said that the defence had offered tes-
timony to prove that at that hour, that day, the
defendant was wild, and completely absorbed in a
musical Juror Was il not competent TO show by
rebutting testimony, that at the time when 1T was
said he beating the drums, &c.s he was at ano-
ther place talking on avery different subectS
The Court ruled that the wittess could not state
what was said by Day on that occasion
The lDiiiless resumed. lie seefned composed, ana
he talked nationally.
The Court ruled that the witness could not state
his opinion of how the witness talked,
Witness. He remained there perhaps five or ten
minutes lie left first. He went down south-to-
wards the penitentiary. He was going that way
when saw him last. ! remained there but few
minutes after | last saw him. and my brother
and some other workmen left together. lived
then south street, on the Island, nearly oppo-
site the Smithsonian Institution.
Cross eramination.--I next him in the
courtroom He had on white pants, light vest
black and Glazed CAM think. L
in the same direction as he did as far as Maine
avenue He had got out of sight before !
he went after he went in Four-and- a half street
and passed Maine avehue. did not know him,
Sessford told me then ii was John Day, and told
me SO again the next morning Sessford and l
had some conversation after Day left the bridge.
He told me it was John Day. l am confident it
about six O'Clock. Ses:tord and left atthe
same time
Direct examination see John Day now, and
have doubt that he is tho man saw on the
bridge.
Hiram Clark not acquainted with the
prisoner saw him in May, the evening Of the
murder was at work on the bridge with my
brother. saw John Day there 1t was after five
o'clock. We breke off work at six, and it was a
few minutes before we broke off work. His man
ner seemed very composed and calm.
Gross eran,ined.-The prisoner staid few min
utes. | was working on the south end ofthe bridge.
Panks were then laid on the seepers. saw him
he came up to the bridge. We were sitting on the
bridge talking as he came along. Seasford spoke
| to him and he stopped He came up close to where
we were sitting. Neither j nor my brother took
any part in the Conversation. He was al entire
stranger TO me. should not think he had been
| frocking or drinking. Don't rccollect whether
his face was pale or flushed. ! don't remember
whether he was jovial, or grave and serious |
went home with my brother. The last saw OF
him was when he lett the bridge and had walked d
few rods the sidewalk. Sessford left about the
same time did. Sessiord came this way towards
! the Avenue) and went the other way, Con the
| heard wi aaid IN him a
| He said, "Hallo, old fellow;' and asked him how
he came to be dressed up that day. He said he
had been riding in omnibus. A couple Of girls
came along ahead OF him, and he told Sesslord he
| had been riding in omnibus with one OF them.
| The conversation about his riding in the ON
nibus with one of them
Direct examination was close by them-a foot
| or two apart-when this conversation took place.
! paid but little attention to the conversation
By a Juror.-I have read MIR. Sessford's testi-
mony given on this trial and published in the
newspaper.
0uestion by Mr.. Fendall.--Is your testimony
| given here upon your recollection. independent of
what you read in the paper'
| MIR. Bradley objected to the question
| The Court ruled the question out.
Charles Fraier, jr.--1 know John Day; have
known him for about nine months more.
| knew him before his marriage saw him often
passing up and down, before and after he
ried When we met together always spoke to
| one another, bowed, and passed. l had private
dealings with him before he did the deed. never
time; he was as cheerful ut one time az at another.
lsaw him the same evening he shot his wife, about
ten or fifteen minutes before six he was then in
company with three gentlemen They were Kuhl,
| Tucker, and Marsoletti; they were street,
| between 9th and 7th streets; they going up
towards the armory. spoke to him, the.other three
passed on, and he turned back and spoke to me of
| some private affairs don't think there was any
change in his manner. We talked minute or 80
about debt he had contracted with me after his
marriage had called on him frequently. and he
| bn mr. IN vi M in ouvcr fn aptt
with me at the times called on him. He said then,
" MIR. FRAZIER | have some business to attend to up
in your neighborhood, and ! will call in after
| wards and settle with you" This was all that
4 took place then. then left him, and saw him
| more till after he had done the act. He appeared
calm. thought he had as sound sense as had.
! Concentrations never had any converse
ton with him about his marriage, or of the birth
of the child. He once said he thought he had been
i treated badly; made answer | noticed no.
thing different in his manner. The debt he
| tracted was for crockery ware, and was sent by
| his direction to Mr.. Fridey's The crockery was
| dishes, &c.
Direct examination This debt was contracted
| during last April ! did no. put il in book
| merely made memorandum os it on piece of
ofpaper. The debt contractsd a month or
| two or three months after his marriage. Our
/ agreement was for six months. When he said he
had been treated badly, it was about month after
| the birth of the child.
/ Cross examination. He got the things after the
birth of the child.
Direct examination. He said his purpose was to
| go housekeeping. His wife was with him.
augustus Romr,--I have seen Day frequently.
Saw him time last spring. Don't rccollect
| having seen him before then. know Of his wife
being killed. him two three different
times before the killing of his WIFE, never spoke
to him. saw him one night about twelve o'clock
standing at Mr.. Fridley's door. This was about
/ eight or ten days before the murder was commit
ted. just passed on. He talking with Mrs.
Day, rs took her to be. Saw nothing remarka-
bic in his manner. saw him the Sunday previ-
GUS to the murder, (the day before.) He passed
my door with his wife. II somewhere between
eight and nine O'Clock in the evening. Noticed
| nothing remarkable In his manner then. l
him before that, being the fret time saw him; he
was leaning against the palings at Mr., Fridley's
house This was about eleven O'clock in the day.
saw nothing remarkable in his manner then.
paid no notice to him, but merely passed ON.
Hilbert w. Mmtin--I know John Day. Have
known him since Christmas ast Had acquaint-
ance except to speak to him when we met l met
him frequently while he at his mothers--mct
and spoke to him and passed on. He spoke any
one else would speak, and saw nothing the mat
tar with i'm lea str VI hcfu