The republic. [volume] (Washington [D.C.]) 1849-1853, 1851-08-01
TRIAL or JOHN DAY,
On tle charge Of having murdered his totfe Cathsrif
Virginia Dag. on tAs l2th Of May. 1851.
U. S. CRIMINAL CoURT-JusE Tenn.
Thursday, July 81, 1851.

HENRY kuhi, a witness for whom subpoena had
been issued by the defendant, but who during the
trial has been absent from the city, appeared this
morning; and under an agreement made at the
close of the evidence for the defence was sworn on
the part of the prisoner.
Witness testified to the same matters stated by
Tucker and Marsoletti as having taken place on the
afternoon before the murder, concerning Day,
Tucker, and Marsoletti, and Kuhls going from
witnesses house, between 18th and 18th streets, on
the Avenue, to the arnory of the Light Infantry on
street, between Al and 9th streets. Ii was before
six when they left the armory; stopped while at
Benter's, then minute or so on the Avenue, before
Tucker and Marsoletti left. Day and the witness
then went up the Avenue, and when opposite the
market Day pointed out to witness three ladies,
whom he said were his wife, Mrs. Fridley, and
Mrs. Hoffman Witness and Day then went up 10
the house of witness, which Day entered and stopped
there few moments, then went out and left.
Cross ezamined by Mr.. FendaH.--I think it
was after four O'Clock, perhaps five O'Clock,
when when we went to the armory. IL may have
been three quarters of an hour after went to the
srInory that we saw the ladies on the Avenue.
Days manner at the armory when beating the
drums moderate, just person would be
amusing himself The only thing unusual in his
manner wac that his conversation about the
band business-the band business was not his bu
siness, but 1t was ours; il was what we went there
for. did not observe him particularly; and had
very little acquaintance with him before. had
known him about q couple Of years, but he had
not been at my house much until week, or two
or three weeks, before the death of his wife, He
there two or three times. Before that he there
occasionally only.
On the day before this occurrence (the killing)
had conversation with him; his manner was
very solemn, and the subject his Wits We
we're speaking of troubles, and he related his trou
bles to me. He said his wife confined ahortly
after his marriage; that it troubled him greatly;
that it disturbed his mind; that he could work
steadily, because of his mind being troubled on
this subject; that it sometimes bothered his mind
so that he had to quit work. He said much moro
OF the same kind He said he was troubled great
DEAL
On the Monday evening thought he was Eighty
in his conversation. He would begin to talk upon
one thing, and then almost Immediately after
would change the subject. Music and the band
was the principal subject on that evening.
The ladies came across the Avenue at 7th street;
they were then nearly halfway They
we're coming across the Avenue at 7th street.
was ON the north side of the Avenue, and they
were crossing to that side. We had passed 7th
street and were near Sth street. Day turned round
and saw them, and nudged me with his elbow and
said there was his wife, &c. His manner when he
pointed out his wife was solemn, as it was on the
Sunday before when he spoke of her. After we got
to my house he went in, and then came out on the
porch and said that he would watch, and if they
came by there he would call me and let me see his
wife, had never his wife to know her.
He did not call me out, and ! did not see him
again that night. l went to tea. When we got
back TO my house think it was about six o'clock,
from the fact that it was near my tea time. and
Il
about half an hour, perhaps not quite so much,
before went to tea. As we walked up the Ave-
nue., and after he pointed out his wife, he made
some remarks about man in Georgetown-the
name do not recoect. i do not remember what
he said about him. When he nudged me, &c., he
appeared to be astonished to see his wife and the
others. His manner seemed solemn when he
pointed her out. His manner was pretty much 80
that evening. We walked up slow, and were per-
haps fifteen or twenty minutes going up After
went up think he took some pop or small glass
of ale at my house. He was lively during the eve
ming till he met his wife, and then his solemn man.
ner continued till he left.
REBUrTING EVIDENCE by THE U. s. CONTINUED.
John L.. Whaley.-I have known John Day for
thirteen or fourteen months. l saw him about
O'Clock in the evening of the day of his wfes death.
Am not certain of the time. heard of her death
when got home that night, about O'Clock.
y On that day (the l2th of May) he got on the
omnibus with me between ii tn and 22th Streets, on
the Avenue. 1t was at Horace Ritter's door. He
went with me to 7th street. / havn't seen him
since. He came out of the house and got up on
the omnibus. He was on the pavement at Ritter's
house. l saw nothing in his manner, except that
he was very much inebriated, as / thought.
Qusstion.-State the conversation you had with
Day on that occasion
Mr.. Bradley objected and argued against the
ndmssibility of Days statements at this stage OF
the case.
Mr.. Fendal said that he intended to ask the wit
ness his opinion of the sanity Of the prisoner
that evening; but, according the decision of the
circuit court, the facts and particulars of that
versation should be fret detailed.
Mr.. Bradley replied.
The Court ruled that the witness must not state
any threats uttered that occasion by the prisoner
Witnsss resumed.-The prisoner did not ride with
me at any other time that day.
Cross OBSERVATION-DISCLOSURES he got of the omni-
bus, he bore of to the righ-hand side if going
down 7th street. He never rode in the omnibus
with me; he always got up on the top. He did
not have any conversation with any ladies in the
omnibus on that occasion. He talked with no one
butme.
James Griffith have known the prisoner for
some years; he was boy in the neighborhood
where resided for years knew him in Mexico.
Have known him since his return. We belonged
to the same company in Mexico. Since his return,
in passing by, he would call in occasionally to see
me, and in the streets have had conversations to-
gether. heard after its occurrence of the circum
stance of the birth of the child. We always met
accidentally. We met just about the same. and
had the intercourse after the birth of the child
as before Saw nothing unusual in him after that
saw him but very seldom. l saw no difference
between his manner, sc. then, and what it was
in Mexico The last time / saw him was,
cantesay how long ngo--about three months
or more ago. He came out of Majors, where he
was working. He overlook me, and talked about
business, &c We turned round as if to cut across
18th street bridge. don't remember but little of
the conversation 1t was but for short time we
were together noticed nothing about him par
ticular.
John II. Goddard recaLled.-The prisoner was ia
ken before me the night of his arrest He was re-
examined before me at the Jail the next day. Day
was brought down and took a seat, and said moth
ing that could hear; he conversed in low tone
with person whom understood his brother.
He was cool and calm. i asked him If he had q
lawyer. He said he had none, and think he said
be wanted none asked him if he wanted to ask
the witnesses any thing; he said he did not. This
is all that took place there with respect to CONVEX
sation or manner. His manner was calm and COM
posed.
Question. --Had you any conversation with the
prisoner before this time which could enable you
TO form any opinion Of bic sanity or insanity?
Answer--My conversation but slight with
him. He came to me the afternoon of the 22d
of April. His manner business like and he
transacted the business he came He appeared
to be very sensible.
Cross eInmined.--Was not the prisoner in deep
distress and crying during the examination at the
Jail?
Answcr.-There Some emotion, think, dur
ing the recital Of portion Of Mrs. Fridley's cvi-
dence. can't say that he in great distress or
crying during the greater part of the time.
Ed,oard @ Handy.-I recollect seeing the pri-
soner on the night OF his arrest. saw him when
he was brought out of the watch house.