American telegraph. [volume] (Washington [D.C.]) 1851-1851, 1851-07-31
Trial or John Day,
Charged with he Murder Of his WIFE.
[continued.l

Trial or John Day,
Charged With ne Murder Of has Wys.
| [Continuedl
The evidence given in by Caleb Buckingham,
yesterday was not material, except that the
prisoner appeared rational previous to the muir
der.
Mrs. Ann Little sworn. Has known Day
six or seven years Had conversation with
him after II birth Of the child He told me
that his wife had fine baby--a fine, hearty
looking child--a fine daughter. said, "John,
you have become father soon" This was
about a week after its birth He said yes but
it was not his. He said this laughing / said
John, is it living?" He said " No; went
down to Alexandria, and when / came back it
was dead" He would sometimes speak fool
ishly, but witness never considered him crazy
| George Payne sworn Acquainted with Day
for two or three years. Never took him to be
insane.
Leonard 0. Cook, Walter Lenox, Humphrey
O. Whitmore, and Mrs. Sarah Whitmore, were
seyerally sworn and examined. Their testimony
was principally to the effect that previous to
the murder the prisoner exhibited no signs of
insanity.
Miss Mary Fridley. I saw my sister on the
Sunday night before she died. Mr.. Day came
there just at dark. 1t was about O'Clock
They went away together, but did not stay
long; not over a quarter of an hour or 50. She
had no bonnet on. They stayed when they came
back till II o'clock. They were sitting in the
passage door,
George w. Fridley, on cross examination,
testified that he "saw the child it lived for two
| or three days; it appeared to be o strong,
hearty child; l saw it but once; it was sick
a short time, cannot say how long. DR.. How
ard attended at its birth. Don't know whether
any doctor was called in to visit it it died. Mr..
Day buried it in the back of my lot. He showed
me the place where he was going to bury it,
and l saw him bury it. l have never said it
was buried at Holmead's burial ground. No
one was present at the burial but US, DAY and
myself) l did not assist him to bury it. 1t
was buried after dark. Can't say the day Of
the week it was born, nor the day of the week
it was buried. say positively that John Day
buried that child, and / did not assist him. He
had proposed it before to my wife, and she told
me he had done SO, in his presence. In his pre-
sence my wife told me that he had said that it
was his, and he would do what he pleased with
it. He did not deny having said so. have no
reason to know the child was not his. | don't
know who procured the box or coffin in which
that child was buried. I did not. l did not
get it from Mr.. Frazier. l proposed to get a
| i
then and get the box
To Juror don't know who put the child
in the box. did not see the child after it was
covered up. Day brought it out to bury it.
From what heard, the child died in spasms
To Mr.. Bradley have never told any one
that had buried the child in my yard. never
told Mr. Whitmore that had buried the child
in my wood-house. If told anybody told
him it was buried there, but not that did it.
THIS MoRNING.-The courtroom is again
crowded this morning From the number of
new witnesses examined to-day, it is thought
probable that the trial will be continued next
week Much evidence of collateral nature
| has already been allowed.
| Henry Kuhl was called up on the part of the
defence. He testified that he went to the ar
mory with Day on the day of the murder. They
were together little before six o'clock. This
| conflicts with the two Clarks and Sessford's
| evidence about Days whereabouts at that hour.
We were in error in stating that the Clarks
and Sessford did not agree on this point. The
| Clarks were intended to corroborate Sessfords
testimony Day had revealed to witness his
troubles on the Sunday before he shot his wife !;
seemed solemn, and said he could not work |;
witness thought he seemed Eighty on the fatal
Monday.
John L. Whaley-(for the prosecution.) Had
rode in an omnibus with the prisoner on the
day of the murder; noticed nothing peculiar in
him, except that he was inebriated very much.
The Court ruled that the witnesses could not
state any threats that Day made against his
wife at the time before mentioned. This would
have been admissible if it had been introduced
as a part of the evidence in chief, but is not at
this stage of the evidence. The prosecution is
now introducing rebutting evidence
James Griffith served in the same company
with Day in Mexico; knew him well; saw him
frequently here; never observed any change in
him either before or after the birth of the
child which occurrence was known to him.
/ Captain Goddard had committed Day to Jail,
and afterward completed his examination there;
regarded him as sober and composed on both
occasions.
Officer Handy described Days resisting him
and officer Boss, ON the way from the watch
house to the jail, and their tying him. Day
struck at him and endeavored to bite him. On
their way to Jail he saw cigar-ashes on Days
neck, which he brushed off, and found his neck
burned, which he believes was done in the
scuffe when Days hands were tied.
Solomon Hubbard is now at the witness
stand.