The republic. [volume] (Washington [D.C.]) 1849-1853, 1851-07-31

MIRA. Sarah IFhstslors. III have known John Day
for several years; knew him before his marriage.
He visited at my house, bat not I'LL after his mar
rage. He was there occasion with his mo-
] Their and wife ia March. That was the only time
he was there With them His nloihet and wife
were there together four or five different times
Every time they came they came together; lie
tea; after that he said 10 his wife, You had no ba-
siness TO come OUT His mother likewise spoke
| and said "John, we have done no harm, sure you
ought to allow Us little privilege We nave done
| no harm; we have been hard at work, both OF tls,
| all day, and have come out for Little while
| He turned round and said 10 his wiie, The chill
dren run after me-" and said there was a couple
Of gentlemen asking for YOU" His wife asked
! who they were; and bis mother said, 'John, who
are they?'' He would not tell who they were; at
the same time he did know, but was too selfish 10
| tell They were her brother and cousins but do
not know it was them. Their names not
mentioned IIs mother told who they
! | n,ver observed any change in his manner after
| the birth Of the child from what il before.
was never at any time of the opinion that he was
an insane person.
Cross. examined He was never at my house be.
| fore his marriage. His wife and mother visited
| my house four or five times. He was never at my
never had any difficulty with Day. never
objected to his sister visiting my daughters never
| heard of it.
! Direct era,nination.-I knew Mrs. Day. never
| heard her cursing and swearing; never heard her
| use improper language l did not visit her mo-
theirs. did not know her till she went to his
theirs.
| Cross examination. visited Mrs Woods.
Visited that part of the house in which Day and hs
wife lived. have been at Mrs. Woods since he
was in prison. Mrs. Wood converted about it.
had nothing 10 say, for | knew nothing. ! was
there at n conversation between Mrs. Wood, Miss
| Walden, and myself said il was horrid thing
to carry tales backwards and forwards between
husband and wife. Nothing wac said about aiise
Nnf.i
Shekell. Nothing was said about Shekell at all.
was there at conversation before he. was in pri-
son. when Miss Walden, John Day, and his mo-
Their were there. Nothing was said then about
Shekell, and her carrying messages between Mrs.
Day and Shekell This was since the separation.
Day did not curse and swear when at my house.
When converting with Miss Walden and others
| he would occasionally rip out an oath.
| IL. o. Whefmore recalled by defence.--I never
| told Mr. John A. Common that was down on John
Day | never told him that after hearing Mrs
| Woods evidence could stand it no longer, and
called out Mr.. Fendall and had myself and wife
| summoned
Miss Mary Fridiey.--I saw my sister the Sun
| day night before she died. Mr.. Day came there
| Just at dark. 1t was about 8 O'Clock They went
away together, but did not stay long; not over
quarter of an hour or She had no bonnet on.
| They staid when they came back till IL O'clock.
They were sitting in the passage door.
Cross erazninaiion.--I heard the clock strike
| twelve before he went away. Invent up to bed
about half past eleven. Kate and Miss Creamer
told me next morning it after twelve when he
went away. staid up waiting for her as she
said che would be up soon. was in and out dur
ing the evening" out on the pavement in the fore
part of the evening. ! sat down with them at the
door for while.
Witness was cross examined about her former
testimony relative TO the difficulties in the ball
room between Day, his wife, Scott, and MCGEE.
never heard Day mention any thing about She
kell the whole evening of the ball, nor did hear
him object to her dancing with MCGEE because he
belonged to Shekells party. My sister did not
say that heard that he (Day) danced with whom
he pleased, and she would dance with whom she
pleased.
Mr. Dexter was in the house the night Day
came there and raised fuss. Dexter lives in
Philadelphia; his name Is James Dexter. He was
q baker, he baked tor himself. He comes here
every fall believe. Dexter left that night before
Day did.
| Direct examination was there from about
eight O'Clock on that evening till after eleven
o'clock, when went up to bed. looked at the
clock about the time he came, and il WAS about
| eight O'Clock; am sure ii was not nine O'clock
! Cross ercmination. fter they went out walk
ing called up as far Mrs Ross's, and while
was there Miss Crearner came by walking When
she went back asked her if Kate and John had
come back. She said yes, they had come back
short time after they went out. | went back home,
and the bell struck ten after got in the house.
question was here submitted TO the court in
writing by MIR. Laporte, one of the jury, TO
tain whether itwould be proper to put il to the wit
ness The Court handed the question TO the coun-
eel, and, alter ConeldefaDc 0ebafe ana CONVERSE
ton, the question Withdrawn for the present,
with Mr.. Laporte's consent, and postponed ll some
older member Of the fruIiy should be e~smiped,
The question was not rend nor was its purport
stated; but the reporter supposes II referred to mat
tors upon which Mr.. George w. Fridley sub
sequently cross examined.
George w. Fridey-I came home in the early
part OF the evening of the Sunday night before the
killing. found Day sitting inside the door of the
porch with his wife. retired about half-past ten,
and he was there then. was in the middle room
from the time came in till retired. was out
occasionally and him there. Don't recollect
hearing their voices in conversation while was in
there.
Cross eramination.--I had not been 10 any par
ticular place that evening. took a walk alter
tea. Did not go to church Can't say where
walked. Can't say what time took tea. Have
no recollection of where | walked nor how long
was gone. When got home my wife was home,
sides Day and his WIFE When / in they
were sitting inside the door on the porch. paesed
| them. can't recollect whether he was there the
night before not. think he was there on Fri
day night. can't say when he came; was not
there when he came. When | him it was
perhaps about eight O'Clock. l left him at the
door and can't say how long he staid-
Witness cross examined at length upon the
events of the evening when Day at the house
Of Mr.. Frdley, and when, according to his former
evidence, and that of all his family, Day created
considerable disturbance about the door, and in
his efforts get in the house. The purpose of the
collection of the witness with his former evidence,
and to test that former evidence and his present
statements with the evidence OF Mrs. Fridley upon
the events of that same evening-the statements
of all these witnesses concerning this nights pro-
ceedngs having been already published in this re-
port more than once, this cross examination ID
omitted.
Cross examination continued saw the child; il
lived for two three days. Ii appeared to be
strong, hearty child. saw it but once. twas sick
| a short time, cannot say how long DIR. Howard
| attended at its birth. Don't know whether any
doctor was called in TO visit it. 1t died. Mr. Day
buried it in the back Of my lot. He showed me
the place where he was going to bury it, and saw
him bury it. / have never said it was buried at
Holmead's burial ground. No one was present at
| the burial but two, (Day and myset) 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 buried. say positively
that John Day buried that child, and did not as
sist him. He had proposed it before TO my wife,
and she told me he had done in his presence In
his presence my wife told that he had said that
| II was his and he would do what he pleased with
| it. He did not deny having said go. have no