The republic., 1851-08-05

I growth OF suspicion IN his mind. He came there
that night, violent cursed and swore, stormed,
attempted 10 force the door, fired pistol off, broke
the window, &c and his only exclamation is, ssYou
have got man locked up there with you ALL"
Who can deny that his conduct that night be-
trayed the deepest suspicion-the sure evidence Of
delusion.
The binding act of confirmed suspicion operat-
ing on mind laboring under deiusion, the last act
which binds the faggots and makes them 80 strong
TO withstand any effort to break them, is his
duct at the ball in November. They went 10
that ball; il was surprising that she went at ALL
but they did go there. Who can doubt that his OBJ
| ject in going there with her not only TO pro-
tect her from reproach, but 10 shield her by his
presence and support from suspicion by others? He
went there not only TO guard her from all taint OF
suspicion, but also TO protect her from all associa-
ton with any intimate with, who con-
nected with the man who had corrupted her vir-
tue and destroyed her innocence before marriage.
She agrees TO dance with MCGEE, and you see the
sudden and instantaneous effect upon his mind.
Though Scott and she, and Mary Fridley and Nc
Gee are at one end OF the room when she consents
TO dance with McGee, and Day is in the other end
OF the room, yet they scarcely have taken their
places on the floor before Day 10 upon them. He
hears her addressed Miss Gathering, and asks
are you going to dance with McGee! Soett answers
no, she is going to dance with me. Scott tells
alsehood; and why does he tell that lie' Because be
knows in bis heart that Days mind was in ago
ny that that she was going to associate with man
who had been the friend and companion OF her
paramour! Scott tells lie to avoid scene.
MCGEE asked who was that man--by what
authority he nterfered-had he come with
her to the balls She tells him he came with her,
but does NOT tell him he her husband MCGEE
speaks TO Day; Day tells him he is her husband.
Apologies are made, and Day came rushing to his
wife, saying, "Why the hell didn't you tell that
man who was 9' Then the volcano burst; then
his rage breaks out and the demon suspicion fas-
tens upon and obtains complete mastery over him.
Passing over what Mary Fridley testifes, Scott
swears nc was cursing her and in rage during
the remainder of the evening that the last he saw
of them was that he and she were in violent contro-
yersy in remote part OF theroom. On the way home
Grant saw them. and heard Day say that he would
knock her head of. He hears more, for she
says, g Come along, persons looking at u.s."
They went along from there peaceably. Has any
thlng like this, has any conduct by him before
marriage approaching this in character been
proved! Hasapy witness proven that he ever any
thing similar to it during this mans whole career
before the birth OF that child Not one. Go with
him from the time Of birth THAT child alongth
downward path around which the bright flowers
his youthful hopes had pictured have withered and
fallen, and all the bright scenes and sunlit fancies
which bright hopes had woven before him have
been dispelled, until find him in that most ex-
traordinary occurrence when, with his wife and
mother, his mind reused by suspicion, he gets into
conflict with her about the ring. He strikes her!
This highminded, ambitious proud, and aspiring
man has sunk SO low that he strikes woman!
Was any thing like this known of him before his
marriage?
Mr. Bradley recaptulated the events of the
night when, according to Summers and young
Fridley, Day suddenly came upon them they
and his wife were going to his mother's cursingd
swearing, and damning her violently and without
cause; when he attempted to wrench from the tree
box something with which to strike her, and to
Kill her, as he said; when he as suddenly, he ap-
peared to them, leaves them and hurries home. HIS
conduct on that occasion was 80 violent to
them to hesitate before entering the house; vet
after they go In he becomes calm, quiet, COM
posed, friendly, jovial, and happy that she re-
mains with him. and the others leave them per-
fectly contented. Was any such inconsistent con
duct in him witnessed by any one before his mar
riage? Did not all this tend, irresstibly, to prov
that the man was subject to violent outbreaks an1
paroxysms OF rage, produced by that dclusion, &
which was ruling and governing his whole reason?
Ihe scene OF violence which took place at his
mothers house the Sth Of April was also por-
trayed by Mr.. b. His conduct then, his blowing
out the light, his seizing the brush, &C., his seizing
his wife and embracing her 80 fondly, &c.,
wholly inconsistent with any thing in his former
history. He actually threatened his mother
Look at the description of his conduct given by
the Fridleys on the night in March; he came there
without cause, he having promised before never to
come near the house again he uttcrs no COM
plant; he fires a pistol of, breaks the window
over the sleeping infant forces the door, breaks off
the pallngs, &c. When he succeeds in getting in
he seizes his wife violently throws her into chair,
points pistol at, and threatens her mother, and
then after while coos down, becomes kind and
afectionate, and his wife goes home with him. Yet,
cay the United States, he is man; all this is
nothing but John Days violence and ungovernable
rage. \ ct when did this violence this outrageous
conduct, commence? It, commenced only at and
was never known, heard Of, or Witnessed till after
the birth of that child.
Was he under deluson2 He says he could not
work. his friends fell from him; the finger of scorn
was pointed at him. Wherever he went men were
looking at him and talking of his shame. This
was what he believed. 1t makes difference
whether it was true not, he believed it. He la
bored under the delusion. He believed and was Of
the firm conviction that all had heard of his deep
dsgrace, and that no one would associate with him
while he hugged his own dishonor. STILL notwth-
standing that this the settled conviction of his
mind, he could not tear himself from her; while he
believed his friends were desertng him and falling
away from him like leaves in autumn, leaving him
but naked trunk in the forest, he could not fly
from her; yet he believed, notwithstanding his de-
votion to her, that as long as he lived with her he
was an outcast from society, that every eye that
was upon him filled with scorn, every heart
upon which he relied was filled with disgust for
him. that because of her all his hopes for the future
were blasted; no delights in the present and dark
meas in the fuure that in his language to Sears his
soul was damned forever, and all the world to him
was gone.
If this delusion was in his mind, and if under an
outbreak OF this deluson he did the act the Court,
the law, God and conscience tell you he was
irresponsible being, and cannot be convicted of
murder.
On the Saturday before this act was committed
Henning says he did not attend to his work; that
he appeared strange; that he could not set door
frame straight; that Henning had to go with a
straight line and hammer and fix up the work
after he done; and, when asked il he was sick,
he said he had had bad cold for a week, Was
this an answer by mechanic to q complaint
on account of bad work?
MIR. b traced again the career of the prisoner on
Sunday night.
On Monday, the day which the deed was COM
mitted, Day did not go to work. He was riding
in an omnibus all day. In the afternoon he is found
with Kuhl and others in the way to the armory be-
fore six O'Clock. He is with Kuh never leaving him
till that time when he sees his wife the Avenue
with her mother and Mrs. Hoffman; time which the
United States had taken such pains and trouble to
prove was between six and seven O'Clock. Kuhl
swears positively he was with him from before six
O'Clock till this time, without having been
separated from him. Sessford, however, swears
that at six o'clock he Four and half street
bridge; 1t was evident Day could not be in two
places at one time. Sessford must be mistaken.
But suppose Scssford really did Day that
evcning-at later hour however, for it must
have been near seven when he saw Day-what
docs he prove? If he proves any thing, he
proves that this man essentially mad.
Day, according to Sessford, said that be was
after young lady, using very indecent ex-
preston that he had been frockino abont