The republic. [volume] (Washington [D.C.]) 1849-1853, 1851-07-23
U. S. CRIMINAL CoURT-JuEE TERN.
TUESDAY, July ~, 1851
InEpoRrED Fon THE RHpunLIo. !

| 1VEbDAtb jury 80 1901
IREPoRTED ron THE RHPUBLIo.l
| The courtroom was crowded throughout the en-
tire day by an attentive. quiet, and most orderly
assemblage, gathered by the intense interest felt in
this case.
CONTINUATION OF EVIDENCE.
George ". FTidIey.-I am the father OF the de-
ceased Mrs. Day. She was married TO Day on the
4th of June, 1850. Day had been visiting my
daughter from eight TO twelve months-probably
twelve months before his marriage After the
marriage they resided with till the latter part
of january, 1851. They then left and went on the
Island to live at his mothers. After his marriage
in my presence, he was generally calm towards
her. She returned from her residence on the Island
| some time in March; she came home, and her pur-
pose was to remain there. I-treatment was the al
legged cause though have no personal knowledge oil
such i'll treatment She came home by herself. She
went back again that night. She came In the alter
before three O'Clock She went home that night,
| and Day went with her. He came while she was
| there, between light and nine O'Clock. He came
! there hallooing aud screaming in very disorder
| ly way. went out and spoke to him, and asked
what he meant by such conduct; he made no re-
| ply. He started off, as thought to 60 round the
corner of the square towards 49, street live on
the north side of ID street, between 18th and 49,.
| thought would go to the theatre for policeman
| To come and arrest Day. | over there.
| but did not find one. / returned home, and found
him there trying to force the door; he had broken
| the window and broken two paings off the fence,
ana nelu one piece IN MS nanu lie was InTCatcn-
| ing my family. My daughter (Mrs. Day. was in
side the house, don't recollect what the threats
were; he threatened to injure them il he got in:
These threats took place when was absent; did
not hear them. My wife was present at the
time inside; no one was outside but Day. My
| wife, Mrs Day, my daughter Mary, Miss
Catherine b. Dreamer, and Mr.. Dexter were inside.
| had requested Mr. Dexter TO remain there while
went for the police. found MIR. Day at the door;
| took hold of him TO put him out As my
! family heard my voice, the door was opened, and
they came out, and related what had taken place.
Mrs. Day came out amongst the rest, and tried to
pacify him. told her to go into the house and let
me manage him. could not prevail on her, and
finally she got him pacihed, and he came into the
house with her. He remained some time there,
till about ~ O'Clock. She then said he wanted her
to go home with him. Her mother objected at first,
and he, In commanding tone, said she should
She appeared to be willing, and they went about
IL O'Clock This is all that occurred at that time in
my presence.
| In about three weeks from that time, think on
the 9Th OF April, she next came to my house.
came home that day about O'Clock, and found her
at my house. Mrs. Day and her mother, accom-
panied by me, went TO Days mothers to see Day,
and if separation was desired, to bring her things
away. 1t was after cande-light when we arrived
there We found Day at home. Her mother asked
| Day if he wanted his wife to leave him? He said
she was welcome to go, as he intended to leave the
city in short time then remarked to him how
] he had behaved on q former occasion when she had
! come home. He assured me he would never come
near my house again, and that he would give
security to that effect if wished it. His mother
remarked that, If he ever did the like again, she
! hoped l would put the law in force against him;
and that she would never own him, or would dis
countenance him forever, or something to that
effect, if he did. thought then it was all arranged
for her to come home. and we started to come
away. was down stairs part Of the way, and in
| front of my daughter and wife, with her her band
box in my hand, when heard confusion in the
room, and turned back. saw Day moving in the
room rapidly towards the candle and blow it out.
Heard him say he would be damned if he did not
kill some OF them. His mother and sister, my wife,
and his wife in the room when this took place.
cannot say to whom his remark was directed
| particularly. Screaming and uproar ensued in
| the room; his mother called loudly for her hus-
band lMr. Wood to come up and bring light.
Mr.. Wood did not come. think Days brother
| brought the light up. When next saw Day his
mother had him round the waist. He had then got
to the door, in front OF the company in the room;
| the door led down stairs. He had in his hand
| large hand brush, and as thought was in the act
| of throwing it at of those in the room. He
struck the door frame while in the act of throwing,
and broke the brush in two. He kept trying to
| get away from his mother, and kept up great
noise and confusion. requested his mother to re-
lease him and not raise the neighborhood. She did
shortly after release him. He then cooled down
pretty soon and became calm. After little while
we came away, and he came with us over to my
| house. He remained there but few minutes after
| we arrived, and then left. A few days after, he
commenced making his visits there, and they be-
! came more frequent as the time passed. He came
into the house few times. The last time he
in the house was on Sunday afternoon the 4th OF
| May. He then went up in the attic room OF the
| house. felt it TO be my duty to speak to him
calmly, and told him that his visits could not be
tolerated. The garnet room was occupied by some
of the children of the family. His wife did not oc
cupy that room. l reminded him of his promise
when his wife came home. He answered that that
would be the last time he would intrude. He
shortly after that left the house
| did not see him again till three or four evenings
after My daughter Mary after me, and
went home; was standing at the corner below.
| When reached home found him there. My wife
told me in his presence that he had been using very
| bad language-cursng and going on; and had said
! that he would come there when he had a mind to.
He said that he did not think he had been talking
very loud. saw him again on the 18th of May,
| the evening before the murder. came in, in the
fore part of the evening" and found himnside of the
alley way, which was used as passage, sitting
with his wife. He did not speak to me, nor to
him. went into the house. This was the last
time saw him till after the murder. was not
home when she killed. / got home about five
| minutes after found her alive when got home
She survived about forty or forty five minutes.
| Cross eranination.-Day commenced visiting
my house about twelve months previous to his
marriage; that would make his visits commence
about June, lS49. While he lived in my family
he would not abuse his wife in my presence; he
| remained there about seven months after his mar
riage. On the evening in March spoken of by me
he was whooping and screaming; no said nothing;
used no words while was there. When spoken
| TO he would make no reply he stood still; left
/
from the theatre, and asked him what he meant by
| such conduct he made no reply No was pre-
sent but he and myself. When my wife came out,
! he pushed her away, and said, ego away" he did
not say what he wanted, nor of what he COM
| planned. do not think he was very drunk. He
said nothing about any in the house that he was
after. He did not say, Irecollect, that his wife
was locked up in there He made no excuse for try
ing to break into my house. II was light enough TO
see who he was; don't think it was light enough to
zee the preston of his face. Never saw him con-
| duct himaelf that before. n thing like IL
| did not consider he was acting a rational man
After he went into the house he had conversation
| with his wife; heard nothing of what was said
| 1t was about nine o'clock when he went in; he sat
there till twelve, but heard nothing of what was
said. His manner that of being ashamed of
himself. They day and his wife) sat apart from
the family. She exhibited no alarm in walking
home with him at that time of night He was
calm when they left. This occurred some time in
| March, do recollect of her coming there at other
! times between that and the 9Th of April, for the
| purpose of staying, but she always came and went
| away before | got home never saw her any of
| the times she there to remain, between