The republic. [volume] (Washington [D.C.]) 1849-1853, 1851-08-04

Mr.. woodward, (lnterrupllng. Ill spoke ex-
pressly Of England. where this spirit has cFept
through society in that country.
Mr.. Morgan resumed. That is the duty Of the
jury here, whether the gentleman said u or not
because the law il, that when you have sworn Ju-
rors, the person arraigned says that he - not gull
ty and, If be be innocent you are bound to acquit
and you bound TO acquit II there be a reason
able doubt Il 10 for the Government to make out
is to make out a reasonable for doubt. He
cited Lewis's Criminal Law, page AZ, IN support
Of this remark.
Mr. Bradley.-Every book says the same thing.
Mr. Morgan.-There is no dispute about il.
might compare the jury to the mariner who, on the
stormy ocean, in the dark night, rejoices when he
sees single star by which To guide the ship. The
Jury should look TO the star Of salvation Of the de-
lendant. This 10 the law.
He then proceeded to review tho evidence.
Mr.. Morgan said there was much in the evidence
Of the witnesses for the Government which went TO
sustain the defence Throughout the whole evil
dsnce of Mira. Fridlev. Miss Creaner. Old Mr..
Frdley, young Fridley, and Summers, they men
ton nothing whatever OF any violence or rage,
nothing OF any sudden outburst of passion,
causeleas i'll. treatment until after the birth, Then
and not till after that event did he commence this
strange conduct. This evidence he considered
strongly conrmatory Of the defence that that event
did produce change in his mind, that change be-
ing made manifest by his conduct He cited tbe
evidence of Summers and young Fridiey to the
violence displayed by the prisoner on the night
when ON the way TO Woods house, and on several
other occasions spoken Of by the Witnesses, sud
den violent, and without cause evidence of the
gradual destructive effect mind before that
gentle and affectionate. AS to the evidence OF
Mary Fridley, that Day had slapped his wife be-
fore the birth oiythe child, he placed it along with
her evidence of the choking while on the way home
from the ball Grant saw them that night, and,
though he hears loud talking, he nothing of
the choking striking. He left k rant and RIss
Esidley to answer each Other. ~
Boss testified to his cxa!ain5A N
of his arrest, "Oh, my God !1s} 2
mediately. after, when spoken t&3g Eshe
had committed exclaimed, ~ && = - a
damn" II was true Boss denied th8 &k142 VI 4ning
them affectation. Tanning, and M{t1R $g5y, 4
| and others, clearly proved that he; MI !grs
But all agree that in Inon7qHQ ,Sxf 61ned
sob, my Cod" and burst into tetS X LA III next
moment cries out, al don't caxTA@ r&ysf3 This
sudden change from feeling and t4$ 4ef3 10 pro-
family &C.. was argued stron8 VI $19 i6&tive of
insanity at that time. His mind NsH VIA Vessel
loosed from its moorings, and, Without rudder,
was subject to be tossed about by every change Of
circumstance.
He alluded to the two mothers-one governed by
fierce passions OF rage and revenge against the
prsoner-a fierceness which has borne her up dur-
ing this trial while grasping for her prey; the
other betrayed upon the stand the inhrmity of the
body, which was but responsive to the throes OF the
heart.
The question of the possibility Of Day being
| aware OF his wife's condition before marriage
examined and commented upon.
Mr.. Wroe had testified to the extreme sensitive
ness of the prisoner from early age; his pride
and ambition TO outstrip all others in what he
dertook. The prisoner till this event, was ambi-
tious, and was ever actuated and governed by a
pride which induced him to seek preferment and
distinction. This was evident from his career in
Mexico, where his conduct and department won
the notice and appreciation of his officers, and
General Wool went so far to select him
raj times as a member q honorary guard.
Such was this prisoner when he welded this wo-
man; distinguished for an honorable pride
and ambition; and when did pride and ambition
ever wed with crime and dishonorf The effect OF
the sudden discovery OF the great wrong and dis
honor which had been committed upon him, upon
such sensitive heart, and on mind elevated by
ambition, could not be otherwise than powerful and
destructive. Can it be surprising that by day and
by night he would brood over his misfortune till it
| produced insanity?
The evidence relied upon as proving this know
ledge that of his declarations TO Mr.. Hevener,
| Mrs. Little, and his conversation with Pomnntz
key. To Mrs. Little he says, laughingly, the child
was not his If it not his, that the laugh Of
a sane man? To Hevener he denies that it was his,
and says he knows il not his; that she had adj
mitted it was Sheke's.
The main witness which the United States re-
lied was Pomminitzkey; and who WAS Pomminitz-
key2 He was witness who declared that he did
not understand the language, that he was unac-
quainted with tho force of Words that he was UNI
certain what language Day used, but that the
q substance y of what Day said that Shekell
had deprived her OF her honor; and this wit
before he left the stand declared that he did
not know the meaning OF the word &C substance,
/ which he had used Will such testimony be taken
| blythe Jury in such case as this? Is mans life
to be triled with and FILTERED away upon the esti
mony Of a witness who can neither understand the
words he hears, nor the words he uses himself
II Day did suppose, ns Pomminitzkey supposes
| him to have said, that Shokel had deprived her of
| her honor; if Day did then from any cause suspect
her let it be remembered that this conversation took
| place in November, and he did not marry her TIL
June following--a period of eight months after. IL
must be presumed that by waiting this long after
his suspicion supposed to have existed, he had
| had an opportunity to have known whether they
were well grounded not. Not then witnessip g
any realization Of such suspicious, supposing them
| ever to have existed, had he not ground for sup
posing they had no cause? He continued the ex-
animation OF THE point, and concluded that Day
never had suspected her, and did not suspect her
till it came upon him suddenly to the destruction
| of his mental faculties.
| He cited Rush ON Insanity, page 36--that "mad /
ness is excited in the understanding most frequently
by impressions which act primarily on the heart !"
! What could act more forciby on the heart than
| the deusion that she whom he loved 30 tenderly
and truly had deceived and wronged him? 'Shame
| from offended delicacy" given of those
| impressions. Does not the testimony OF Ridgway
and Hevener evidence his shame from offended deli
cacy, because he believed the finger of scorn was
continually pointed at him on account Of this mis-
| Their cause. He cited the evidence of Maxwell
that Day said home was a hell; the evidence of
Sears, of Mrs. Fridey's opprobrious epithets to-
wards him; that of Dawson, who, raising the
window at night, heard him in the street ex-
claiming, 'You have brought ruin and dis
| grace on my name, and now you have turned me
| out of the house, conclusive of the domestic
tyranny under which he suffered
| He read from Becks Medical Jurisprudence
| 1851 of the various indications of insanity.
Amongst many others, leaving his business, be-
coming idle and negligent, angry without cause,
incessant talking, were mentioned. Wroe and
| Kuh testified to his leaving his work; Wroe and
Hennng proved his neglect Of his business; the
witnesses for the United States proved his violence
and anger without cause; and Marsoett proved
| that he was talking necessarily all that evening
upon the subject Of music, of the band, Of its pros
poets OF future concerts and the trip 10 New York
things far in the future; and this incessant talking
on these far distant events tool. place about an
| hour and half before he killed his wife.
| Changing from one subject TO another in CONVEX
! sation also mentioned evidence of in
| sanity. lie refers to the evidence of others as TO
the sudden and unaccountable changes by Day in
| conversation from one subject TO another at the
steamboat wharf; and his conduct at the collation.,
| given the same night, when his friends and as
sociates his companions and associates, feast
! ing and dancing, Day was found, not participating