American telegraph. [volume] (Washington [D.C.]) 1851-1851, 1851-09-03
AMERICAN TELEGRAPH
-aA fFfoih the Republic o. this morning.l
CasS OF John Day m otion for NO,

| Yesterday morning, after the opening Of the
Criminal Court, Mr. Bradley said that j. u.
Henshaw, deputy marshal, had been requested
by the defence to make an affidavit which the
defence considered material to this motion, and
that he declined doing so. Therefore, they
asked that he be called to the stand and ex-
amined orally. GtIi8G III Lsaia1.us ~ E.a
|. Mr. Fendall asked that the defence be re-
| quired to state upon oath what they expect to
lprove by Mr. Henshaw. rogd ogai 5TsdI
Ita The Court said that the prisoner could not be
supposed to know personally the subjeet-mattel
Of what occurred outdoors, and could not bt
required 70 swear to what itfwas impossible 70,
h1m to kn0ns s.s2saass e. fiEstt&a@ atA ~ AGt-
Mr.. Morgan than read what he supposed
would be the probable statement which Mr..
Henshaw would make, ,oif required by the court
to do The statement was, that on one oc-
casion when Mr. Henshaw visited the Jury
room, a juror NANNY handed him the Baltimore
Ctpper, and asked was it proper that newspa-
pers containing reflections upon jurors should
be allowed to be read by the jury That Hen
shaw read the paper, and was Of the opinion
that the article in the paper was improper to be
read by the jury, though he does not now re
member the purport of the matter In the paper.
Mr.. Fendant objected to this statement, even
if made, as not being proper to be received
Ii 1st.a That the affidavit, if made, would only
set forth, the declaration of u juror NANNY to
impeach his own verdict. d E9.frg s.sJ tg9 Y
3D. That the particular thing set forth is not
o. fact, but simply Mr.. Henshaw's opinion OF
what was in the paper, and Mr.. Henshaw s
opinion was no better than any other person s
opinion. itG5 aagts4 8ar gtssEa ct@teg@ia 4.
Mr.. Bradley replied; and, after argument, it
was concluded to call Mr.. Henshaw to the stand
and examine him orally. sscr c Il @5al
Mr. MORGAN then read in s,lpnarf of tho ai
reasons (heretofore pnblished) for new trial,
the athdayits of Richard Brooks, Mrs. Wardell,
Miss Irene Wardel, Mrs. Harriet Kidwell, Mrs.
Sally Rudd, (all of which have been heretofore
published, and tho following, which have been
tiled: TOM ! &a ssa 1."
DISTRICT OF COLUMBIA, y
,WashingtonI County, - to wit; 80 rns
Personally appeared before me, the subscri-
Der, justice of the peace, in and for the coun.
ty and district aforesaid, Mrs. Ophelia Guyton,
and made oath, &C., that she has known Mrs.
Wood, the mother of John Day, since about last
March, and that she has since that time seen
her frequently, and has always, since her nc
quantance with Mrs. Wood, regarded her as a
person Of weak and diseased mind she has
often heard Mrs. Woods neighbors say she was
not right in hermind at times. Mrs Wood is
not o calculating, keen or sensible woman.
This deponent, has lived In the same neighbor-
hood with Mrs. Wood until the last week OF
| two. asl u84E# #g..a @a.. A-8 #t #-#
Sworn before .a5.a az c. ASHFORD j. P.
Mrs. Margaret Hurdle deposed that she has
known Mrs. Wood fmother of John Day. since
the 18th of May last, and that ever since that
time she believes her mind to have been dis
eased; her conduct during this time has been
very irrational and her conversations exhibited
wildness and insanity; any trouble would en-
tirely confuse and disorder her mind. This
deponent has been with her frequently since
the 18th of May last, and thus has had oppor-
tnnities of observing her. Her reputation
amongst her neighbors is that her mind is
weak and extremely disordered; indeed, all OF
her neghbors with whom this deponent has
conversed concerning Mrs Wood, agree with
this deponent in what she has stated above in
this affidavit. This deponent has lived in the
same neighborhood with Mrs Wood until within
the last week OF two-Mrs. Wood having about
that time moved from her old place of resi-
dence.
| Alfred Hurdle, husband Of the above depo-
nent, makes affidavit that the facts set forth il
| the affidavit of his wife are true, so far hi
own personal knowledge of Mrs. Wood has ex
| tended ... .r.a...
Mrs. Am Do6ie's affidavit was to the effect
l have known Mrs Wood formerly Mrs. Day,
the mother of John Day, for many years, ano
have always regarded her as q very weak
minded woman. At times have seen her very
much excited, more especially in time of trou.
BILE, when she would be great deal worse than
on ordinary occasions. On such occasions she
has frequently come to my house in much dis
| tress, declaring that she could not stay at home
| and that she must be all the time travelling
| her mind seemed TO be affected, and she re
quired constant attention. The sickness of an,
Of her children would so affect her as to re
! auire for her as much attention as the sick
| have known her ever since she was child, anC
| have been intimate with her. ,r...a 81.
| . John Il. Rudd, Of Alexandria, deposed:
have known Mrs. Wood, formerly Mrs Day,
the mother Of John Day, for about thirty years
and it has always been my opinion that she il
a woman of very weak mind, easily thrown of
its balance. The least excitement would Away
affect her mind very materially, much more 81
than 1t would ordinarily affect a person TIL,
same cause that would affect her so as to re
quiro for her the care and attention of he
| friends, would be treated lightly by most per
| sons. She was much more easily affected thai
any Of her sisters. / could not say that in sue
cases of excitement she was crazy or insane
but | am well satisfied her actions were no
those of person possessing well-balance'
mind.
| Inc alndavito or Thomas Y. howell IN whic
he deposed that he had known Richard Brook
for fifteen ears, and never, prior to the tim
when it was reported he was going to make al
affidavit in this case, heard his reputation 70
truth and veracity questioned; and the depo
mont would believe him, the said Brooks, on hi
oath. ....
In further support of the motion, and in obe
dience to the summons of the court, the defenc
called to the stand ...n
Joshua L. Henshaw, sworn.-I went up ever.
day to the jury-room while the jury was delib
Grating their verdict l was sent up to ascer
tain if they had agreed on their verdict.
Question by Mr. Bradley.-State what passe
while you were there, and while the jury wer
in their room before they rendered their verdict
other than what related TO tho subject upo