The republic. [volume] (Washington [D.C.]) 1849-1853, 1851-07-22


harm. And malice is implied by law from any de-
hberate cruel act committed by one person against
ano' her, however sudden. Thus, where a man
kills another suddenly, without any without
considerable proyocation, the law implies malice.
Il X. c., 1872 And such provocation must be no.
thing less than an assault on the person. Il Z. p.
c., 223.) All homicide is presumed TO be mali
clous, and OF course amounting TO murder until
the contrary appears from circumstances Of allie
Walton, excuse, or Qualifications and that il is in
cumbent on the prisoner TO make out such circum-
stances To the satisfaction OF the court and jury,
unless they arise out of the evidence produced
against him.
Manslaughter is the unlawful and felonious kill
ing oil another, without any malice, either express
or implied IL 10 OF two kinds: /. Involuntary
manslaughter; where man doing an tlnialcftI act.
not amounting TO felony, by accident kills another.
2 Voluntary granddaughter; where, upon sud
den quarrel, two persons fight, and one OF them
kills The other; orwhere man Create provokes
another, by some personal violence, Sc. and the
other immediately kills him.
He glad, he said, that the accused had the
able counsel he had; guilty as he considered the
prisoner undoubtedly was, he rejoiced that his
defence conducted by those who would secure
to him what every one desired he should have-a
fair and impartial trial
Mr.. Morgan opened the case for the defence. He
thought the United States attorney had given much
feeling 10 his statement of the evidence He, too,
felt deep interest in this case because of his firm
conviction that the accused was innocent Of the
crime imputed to him. The Government demand
ed blood for blood; his duty. he thought, was a
higher one, and one more in consonance with the
enlightenment of the day. il was pleading for that
life, pleading against the taking Of that life which
could only be given by the God of Battles. He
asked for the attention fthe jury TO the defence of
one who, broken in constitution and DESTROYED in \
mind, knew not what he did. The defence would
interpose no technicalites to avoid full hearing
OF the case. And if technioalites insisted
upon and material facts excluded, then the prose-
cution would be responsible. The prisoner, before
his acquaintance with his wife, young
OF high character, respected by all who knew him,
and esteemed by all. He became acquainted
with, wooed, and her. At that time he be-
Hevcd her pure, but at the very time when she
stood with him at the altar breathing those latal
vows" she was with child by another person.
Those fatal vows were indeed fatal to him. They
have resulted in the destruction of his mind, the
ruin of his reason, and have brought him here
upon this charge.
Instead of finding in his wife comfort and a
soace, he found who had entwined his
heart like adder. poisoning and obiterat-
ing all its faculties OF reason and intelligence.
Fatal indeed were those to him. In three
months and some weeks after he had led her to the
altar she was confined with child Up to that
moment he believed her pure. From the time of
the birth of that child commenced the change in
his conduct. Before that-a good mechanic-he
had attended to his business, and was cheerful and
happy. From that period, the common report is,
that he changes; his manners were altered, his
work neglected, and his reason itself tottered
der the blow; for months he was not himself; and
when be perpetrated this act he was still laboring
under the effects of this great misfortune.
II was well known that the greatest minds have
failed under some sudden misfortune. What mis-
fortune could strike upon q sensitive mind like
this one2 Mr.. M. read from Beck's Medical Juris-
prudence, $50, to show that insanity often the
effect of misfortune. He also read other authori-
ties to show that, to convict of murder, the jury
must believe the prisoner possessed sound discre-
ton; and that, if they had any doubt of soundness
OF his reason, they must acquit.
THE EVIDENCE.
The first witness called was
Miss Catherine B. Creamer. / knew Mrs. Day;
her name Catherine Virginia. She died in
half an hour after Mr.. Day shot her, which was
about two months and some days ago. 1t took
place in Washington county.
On that day was standing at the gate of MIR.
Fridley's house, on G street, between Ii and ID,
streets. was standing inside the gate like when
Mr. Day came up. The gate is on the street. Mrs.
Day was standing on the front pavement against
the palings. Mr. Somers between Mrs. Day
and me- Mrs Day had just come up from the
were with her. Mrs. Day came up and said, .sXate
Charlotte wouldn't go with nybody but me.'' /
made no answer. She stood there little while,
and her sister went into the house. Mr.. Day came
up shortly after the sister went in; be came up
from the corner of 18th street did not him
till he was almost there. He came up and stood a
short WHILE about though not quite, quarter of an
hour. He did not speak to any one Mrs. Day
said, "John, has it been warm enough for you to- a
day?' He said, " Yes, it has been warm enough
for you to promenade the Avenue" Mrs. Day said,
~
for while; then Mrs. Day said, 'John, you arc
all in white 10 night" His reply was, al am going
TO make you look whittier" With that he pulled
his coat from his right side and took something out.
did not ace what it was. Mrs. Day, soon az
che saw that, touched me on the shoulder and run.
She made for the back door. pushed her all the
way in front of me till got to the door; then che
fell. do not know whether | knocked her down,
whether he knocked her down, but she fell when
she got to the door. That door little further
from where she started than where now stand is
from where Mr.. Day is sitting. was standing
leaning over her when Mr.. Day came up. Hesaid,
81 am going to kill you,'' or &C shoot yous don't
know which, Mr.. Day then shot at her over my
shoulder. The ball hit her arm when he shot her
the first time he knocked or pushed me DOWN.
don't know whether on purpose or not. Before
fell | turned round and saw Mr. Day behind me,
with his face towards Mrs Day. He then put his
foot on her dress, and said again, &c am going to
he then shot her again He shot her in the left
side. When he shot her the first time she raised
her and said, " Oh John" know of nothing
she said at the second shot. Some person helped
me up from the floor; do not know who it was.
Mrs. Days mother then raising her up had
her head on her breast She lived for half an hour
after.
IThe dress worn by Mrs. Day at the time of the
shooting here shown witness.l This ia the
dress Mrs. Day had on; this, pointing TO hole in
the arm, is where the first bali entered. Witness
pointed out the hole made in the dress over tho
left breast, and said that is the place he killed her
him go into the room.
Cross Examined by Mr. Bradiey-I lived in Mr..
Fridley's family; was taken one of their
am no kin to them. | came there after Mrs.
Days marriage. was there at the time she
shot, about five months and six weeks. cannot
say that it was six months and two weeks; had
been there at that time five months and six weeks.
Mr. Day was living in the family at the time
went there. He remained there for right smart
whic-ti after New Year. When he went house
keeping, Mrs. Day went with him; he went house
keeping at his mothers, the Island. Don't
know how long they remained there. After that
she staid with him as long as she could; he got
mad and told her to go home. She said this after
she got home. Mr.. Day helped to bring her things
home; he did not return there 10 live with her
This was about five weeks before her death
This was the only time while was there that she
went to live with him away from home. He visit
ed there, but never came into the house but
to my knowledge. This in the day time he
went up TO the garnet with her and her little sister
i saw them going up. He used to and take
her walking, but never came in. These walks we're
not frcquent-but once in while. l have seen
them talking together, but know nothing of what
they talked of, nor of their manner when talking.