American telegraph. [volume] (Washington [D.C.]) 1851-1851, 1851-08-27
AMERICAN TELEGRAPH


| Additional affidayits were yesterday filed by
The defence in support of the reasons for new
trial heretofore published, substantially as fol-
| lows:
HISS Irene WardcH on Friday evening went
to the jury room, and saw her father up stairs
in the room. She was there about ten or fifteen
minutes and conversed with him; Mr. Plumsill
was presents thiswas after the jury had retired
TO make up their verdict; his conversation was
not on the subject of the trial. Her father was
then indisposed, but walking about the room.
| He was not confined to his bed.
1 Mrs C. A. WdrdeH, on Thursday, (it being
after the jury had retired to make up their ver
dict,) heard that her husband was indisposed;
she went to see him, when Mr. Wardell came
down stairs from the jury-room, and conversed
with her and her nephew. This deponent fur
ther states that she also saw her husband on
the following Saturday morning, the day the
i Jury agreed on their verdict, and she went up
in the room whore Mr. Wardell was, and stayed
/ there talking with him, she supposes, about ton
minutes. On Thursday, while she was there,
she thinks Mr.. Clarke came in the passage,
entry, when Mr.. Plu,ns turned his back, as If
to walk towards the door, when she whispered
to Mr.. Wardell that i" a gentleman had said to
| me that Mr. Mann, when he got clear from
here, had better clear out, for he had perjured
himself"
Mrs. Elizabeth Turner, (wife Of Mr.. Turner,
one of the jurors the Day case,) went fre-
quently to see her husband during the trial
whilst the jury were at Cops, and conversed
with him The baliffs were always near Do
L l. IL Al II. loo- L. Il
to her husband, or what he said to her. During
one of these visits, she inquired of her husband
elf two Of the jurors were not named Laporte
and Mann ?" / don't remember that he said
yes or no, but he said :. hush" l afterwards
saw my husband twice, after the jury had re-
tired to make up their verdict but did not go
into the jury room; but during one of these
| visits conversed with my husband about fifteen
minutes out of the .juryroom. Mr.. Plumsill or
bis son was present; can't say that they heard
all of our conversation. This deponent, in send
ing her husband meals, always sent to him
some newspaper sometimes an old paper. We
take the Baltimore Clipper, and usually sent
that. This deponent thinks the bailiffs did not
overhear all she said during said visits. She
sometimes spoke in q low tone.
| Mr.. f. G. Morgan made oath that Mr.. Plum
sill and his son, sworn bailiffs in the Day case,
declined to make, at the request Of him the
said Morgan, any affidavit concerning said case,
except in open court.
Mr.. Bradley moved that subpoena be issued
| for the Plumsls, to compel them to testify.
| Mr.. Plumsill said that he would make the
| affidavit, and the motion for q subpoena was not
acted upon.
The District Attorney filed an affidavit in re-
ply to the affidavit of Richard Brooks, who
swore to an expression Of opinion by Mr.. Adams,
one of the jury, before the trial of the case, as
follows:
Philip OHerbGck, Jr.-On the morning after
the jury by whom John Day was convicted Of
the murder of his wife, during the present
month, in the county aforesaid, was empaneled,
Richard Brooks, (who has heretofore sworn TO
certain declarations Of Motley L. Adsms one Of
the aforesaid jury,) with number Of othG
persons, was present at this deponents sters,
lnear the Eastern Branch bridge, at the Navy
Yard, where a general conversation sprung up
as to the jury whose names were then in ono
Of the morning papers then before us, snt
something being said about them as read oyel
from the paper, and as to whether sny Of then
had expressed an opinion, when this deponent
as matter Of sport, in imitation Of Mr. Adams!
manner, said, "Say, say, eternally damn my
SOUL IL that man oughtn't to be hung" vher
Richard Brooks said, in answer, "0ld Adams
> by God - This deponent was called away u
D another part Of the store, and the conversation
# was dropped On the next day the said Rich
y ard Brooks, being in liquor, came to this depc
y J, nent's store, and said to this deponent, /" b
; had heard old Adams express opinion /;
= that this remark Of said Brooks was mad
'.Snut any preceding remark Of his or thi
' aid Brooks then said, one day
the city in an omnibu,
Mr.. Adams told him TIM. :. -,
would kill his wife ought TO ia
This deponent said, Dick Brooks, YOU
you never heard Mr.. Adams say any such thing
you took that from what ] said yesterday. and
liz you don't mind, you viii get yourself into !
scrape about it." Brooks made no reply. and
the matter dropped This deponent 1. positiy,
that Brooks said it was in an omnibus that the
conversation took place, and that the words a,
given above were identically the same words
used by said Brooks and this deponent.
! This dcponent further stated that he has
known said Richard Brook. ut least fifteen yesrs.
and that his character among bis nsshbors for
veracity is bad and, from said Brooks's gene
raj character for veracity, the deponent would
not believe him upon his oath.
|
Burton, Of New York, has q great theatriea|
company-Henry Placide, II. W. sake. Lester
Jas. Wallack, and Mary Taylor, ar. enrolled