The republic. [volume] (Washington [D.C.]) 1849-1853, 1851-07-24

On the charge of hG0ing murdered has iDis, Catherine
VHginia Day, on iAs l2A Of Nay. 1851
U. S. CRIMINAL CoURT-JUsE TE1A.
WKDNEsDAY, July %, 1851.
TaEpoarnD ron THE aHpUBLIo.J

[REPoRTED ron THE RHPUBLIo.J
Mr. Bradley said that, far the defence
concerned, they would Withdraw their application
TO have the witnesses excluded. The evidence
very fully reported in a morning paper. There
was, therefore, hardly any further necessity for
the exclusion OF the witnesses.
Mr.. Fendal, after some consultation, consented
to the Withdrawal Of the rule, and the witnesses
were allowed to be present in the courtroom.
THE EvIDENcE-coNTINUED
James Il. King.-I saw the prisoner on Monday,
May 18th, about hall. past seven O'Clock in the
evening. had just left Captain Tate's lace store,
street, near 18th street, about halfway between
Green's cabinet store and Aigler's confectionery.
said, ''Hallo, John, where are you going" He
was going down towards 18th street said. How
are you, Johns" He said, "Whcre are S3u go
ing Barneyf" had bundle in my hand He
said, "What's that you've got?" ! said Il was u
bundle OF invitations. Hesaid. "Weii, Pm going
TO kill some one to night" Said j, "You are
drunk, amt your" He said, "Yes, I've been
drinking all day" He repeated the same thing
over-that he intended TO kill some one TO- night.
made no reply he said some one had ruined hs peace
and happiness forever. This was said Immediately
after saying he intended 10 kill some one tonight,
and he added TO the statement that some one had
ruined his peace and happiness forever, that he in
tended to kill them for it, He said he knew that be
would go to the penitentiary for II, but he did not
care for that BY that time had got TO where
was going, Mr.. Turner's house, which was nearly
opposite 10 Mr.. Fridley's. sat down at MIR. Turn
er's door, and wac talking to some ladies about
picnic which was TO come off. MIR. Day passed on
down the street; did not watch him where he
went to, as thought be was going to Majors sta
bic, where used generally to see him OF evenings.
He had left me about four minutes when saw him
over at MIR. Frdley's gate talking TO some ladies.
paid no attention towhat he was doing or saying.
kept up the conversation where was about the
picnic All at once | heard some stamp on
aa on
some ladies scream, and the report OF pistol |
put the bundle had in Mr.. Turner's house, and
run directly across the street. met Day about
fifteen or twenty yards from Fridley's house, going
towards Thirteenth street. When l got up to him
he turned round and held out his arm hold
ing something in it, directed TO some boys who
had out of Mr.. Fridley's, and he made
the remark that he would shoot every who
would follow him. told him to put this thing in
his pocket. left him then and run into Mr.. Fps
house; got into the back part of the houses saw
the deceased sitting on the floor with her head on
her mothers breast. She was lying with her head
on her mothers breast; her mother was sitting
down. / run immediately after to Mr.. Tur-
ner's, went up stairs to his room. was up there
four or five minutes, when ] heard Days voice
down on the pavement. went down, and he was
standing amongst q crowd of eight or nine ladies.
He was crying and talking, but don't recollect
any remark he made think he said he would
shoot himself, but not positive. went up to
him and said, John, you had better give yourself
up he said he would not, he would let them come
ana arrest MIN there. SAID i, 'DOn't De 5tanulng
there crying amongst those ladies' come, go to the
watch house; III go with you" He made the same
remark, that he would not; but he would let them
come and arrest him there; and, in a minute or 30
after that, got him 10 go to the watch house.
When within three four yards of Thirteenth
street MIR. Boss came and arrested him. He caught
hold of Day, but don't recoect where. Day said
eco away" and then looking up into Boss's face
sad, "Bill, Pll go with you,' or 81 won't hurt
you,' can't say which, Boss took him off, and
went to an Office where am engaged at. This is
all recollect Mr. Sessford came up next after
Bose; whole crowd was behind him.
Cross eraminati0n.-Wc were acquaintanccs-
Day andI There was no great intimacy between
us. saw him several times, mostly at meetings
of a society to which we belonged, and on the
streets The pistol shown in court yesterday was
mine at one time traded 1t to him on, as well
as can remember, the last Tuesday in April. He
took the pistol for balance due him. he took it as
collateral security for the balance due by to him
in the trade made with him. He remarked that
he would like to have it. His remark that he in
tended to kill some did not strike strange.
had seen him in passion and excited before. His
remark did not surprise me, Tor did not believe
him; did not think he was person Of that kind.
He mentioned no name, any particular person.
HE remark conveyed to me no impression as to
whom he intended to kill, nor who it was that had
destroyed his peace and happiness. Nothing
said to me by him, at any time previously, as
to who it was that had destroyed his peace and
happiness. From the way he spoke thought he
had been drinking. There was nothing peculiar
or remarkable in his dress had seen him in that
dress before. He was always Of evenings dressed
up neatly. had seen him wear cap before that.
When he left me he went down towards Naior's;
was the south side of ID street. did not see
him cross over. When he said he had been drink
ing all day, l thought he drunk. When he
came up to me he staggered against me, and con-
tnued TO do 80 all the way down. He was under
much excitement. When we got near Seng-
stacks, there some ladies on the pavement,
and while we passed them he was more quiet. We
walked together about two squares. When at
Turner's, / his wife walking up from Thir-
teenth street, on opposite side, with little girl
and gentleman. i saw John standing ut Frid-
ley's gate with lady and couple of gentlemen.
Fridley's house was not directly opposite where
was stopping. ] could know it was Day at that
distance. My attention not attracted by my
loud or angry words. heard hs voice once, when
she first came up. think he actually crying
when saw him crying at Turner's after the shots.
do not think it was atfectation. Boys throw
ing stones at him. and one of them said, Stop the
murderer" He was angry, and then seemed dis
tressed. Did not hear him at any time that night
cursing and swearing. ] left him about six yards
from the place where the officers arrested him. /
him at the Jail the next morning. His whole
that of a drunken man. and did not
shown me the pistol would not have believed he
intended to do ] saw him the evening before
at the gate with his wife; did not hear any thing
that was said knew him before his marriage.
When he got little tight he would swear, but
when sober do not think he was an habitual
swearer. saw him the day after be was
married with his wife at picnic. Don't re-
member having him with his wife at any
other time. i did not whit at Fridley's; was
not acquainted with them. was not confiden-
tial friend of his. Saw him one night when he was
tight; he said he unhappy /; did not ask his
reason. II was in cold weather. Idon't know how
long this after he married. Did not know
the gentleman who walking with Mrs. Day
that night. know Summers the person about
his size. Day passed Fridlcys the opposite side
from the house, and returned to the house, having
crossed ID street, from Thirteen and. a half
street know George y. Fridley; can't say
whether the person was he not. / did not notice
particularly. visited Turner's often Have seen
Scott at Fridley's hewas a relative. Saw Summers
there at times. recoect having seen no others
at Fridley's. Had visited Turner's during that
spring; had been in the neighborhood before Day
was married. Don't recollcct having seen any
others but Scott and Summers go to Fridley's.
Direct examination resumed.--l cannot say whe-
Their Mrs. Day got back to her fathers door before
Day reached there not. had seen Day excited
during the winter before last winter-ai jackson
Hall, at the Grcys' ball Had seen him in a pas
sion some time before his marriage; don't recol-
lect moro than once. Don't recollect having seen
him in passion shortly after his marriage.
MIR. Fendall.-State, sir, whether you saw him