The republic. [volume] (Washington [D.C.]) 1849-1853, 1851-07-28
TRIAL OF JOHN DAY,
On s charge Of haping murdered his lDife CaLherin.
V1ginia Day, on the l2h Of May. 1851.
U. s. CRIMINAL CoURT-JvsE TERM.
FRIDAY, July 25, 1851.
EVIDENCE FOR DEFENCE CONTINUED.

EVIDENCE FOR DEFENCE CONTINUED.
George w. Sears know John Day. visited
Mr. Fridiey's with him before his marriage; about
three weeks before his marriage. Saw nothing tC
create suspicion that she was soon 10 become q
mother Alter the birth, when | visited there,
saw change; he was not as sociabe as usual he
was downhearted. He said his soul was damned
forever. have heard his wife speak very harshly
about him before his marriage. After the marri
age when was there, they used to be always
quarreillng with BIN. passed there one night and
heard Mrs r. quarrelling with him; he was in the
YARD crying; II was between eight and nine
O'Clock at night. Day was living there then. She
appeared to be ordering him out of the house. and
told him not to cross the sill of the door again.
| l was there one night in January last, the
night Jenny Lind sung here. Miss Catherine
Dreamer was there, Mrs. Fridley, Day and his
Wife Some said let's go around to the theatre;
said to the young lady, at is right for ladies
to go out into the streets at this time of night
MRS: FIidiey said to me, "No one asked you to
60 Day was then lighting candle, and said,
Lets go to bed" Mrs. Fridley turned round to
him and called him of bitch. She asked
him what he had TO do with il; he said he had
enough to do with it. Day commenced crying.
walked out to the front gate with the ladies.
Mrs. Fridley remained there, abusing John
heard her order him out of the house several times
was gong by there one day, Day was walking
up me street; he was going up by there; called
that fellow down here for?'' / said was not CALI
ing him. She said che did not want him to cross
the sill OF her door again. Don't know when this
was; IL was before the separation. am positive
about her language when she called him son of Il
bitch. lie had said nothing to her or to his
WIFE de was not abusing her when ! him
lcrylng in the yard.
Cross examination He said his soul was damned
forever This was before the evening of the propo-
sltlon to go to the theatre. We were standing on
| the avenue in the afternoon; met there between
nye O'Clock and dark; it was on the avenue, near
yin street. Don't remember the time. We were
together from twenty minutes to half an hour; no
one present but Day and myself. II was shortly
after she had the child; did know it till then
| l asked him bow he liked married life now? He
commenced crying? | asked him what was the
| matter! He said his soul was damned forever.
| asked him why9 He said he was ruined asked
In what way? He said his wife had child by
| other man. remarked to him that ii was bad
business. He said she had brought dishonor on
herself forever. asked if he knew il was another
mana child? He said he had got very good proof
OF It, He appeared to be downhearted never
saw MIN excited on the subject. He bid me good
| bye. continued on the same terms with him as
before. He seemed TO be more and more down
| hearted every time met him. He told me he was
ashamed to go into company. never met him in
any public place. Met him talking with four or
| 1--WE; he appeared on such occasions downhearted
as usual Saw him crying after that. One SUM-
day was standing on 7th street-can't fix the
time-no one was there but u.s. He came up; was
not crying when he came up. He said he thought
had forsaken him. l said no. Most every time
was at Fridley's they were quarrelling. The eve.
ming saw him crying in the yard was after the
| conversation on 9Th street, think was passing
| by He stopped few minutes; saw him through
| she palipgs crying. My attention was attracted
| by noise. He wouldn't come out of the house Heard
Mrs. F.. abusing him in the house. She said, 50 Go
out OF my house, and never put your foot inside
| the sill OF the door again" She slammed the
door. The conversation about the theatre was be-
fore this; 1t was ten or twenty minutes after ten
Mrs. F. proposed to 60 to the theatre. Miss Cream
er asked me to go along. told her it wouldn't
look very we'll for young girls to be running about
the streets at that hour.
Mr.. +. proposed to GO and take Miss G. and
Mrs. Day suppose was invited, as l was their
guest. The first thing said was, said it didn't
look well for young ladies to go to the theatre at
mat time 1t was in january, when Jenny Lind
sung here 4 never saw ladies in streets without
their bonnets. She and Mrs. Day had no bonnets
on, neither one of them. They didn't propose to
go in the theatre, but to the theatre; mean by to
the theatre, round to the theatre. Day was light
ing a CANDLE and proposed to go to bed when this
conversation took place. Mrs. f. then said to him,
"What have you got to do with it.'' am perfectly
confident Day had said nothing before that. She
then called him son of bitch. Have no feelings
OF hostility towards Mr.. Fridley any of his fam
lily. went there one night, and had little dis
turbance. Witness refused to answer whether he
went there on night and was forbidden the
house, saying ne was not the prisoner and was not
Subsequently,, he said one night went to the
house Mics Catherine Crcamer wac there, and we
commenced cutting up there. Mrs. Fridley forbid
went there drunk. Don't know was drunk.
boarded on c street, at Mrs Little's between Sixth
and Four and-a half streets Day boarded there
before ne was married. never saw Day at Mrs.
Llttles the day after the birth of the child. Don't
recollect having said that Day ought to have shot
Mrs f. and Misc Dreamer, well as his wife.
Don't recollect any thing never said. said that
Day had shot his wife, and if he was satisfied in his
mind that it was right, was. One day Mrs. F. came
to Mrs Littes getting some evidence to convict the
prisoner. She was in the front with Mrs Little.
was in the back room eating dinner. was done,
and reading the paper, when Mrs. F. came out, and
was throwing out hints me, and said that per-
sons who visited Day deserved the gaows them
selves that they who visited him were no better
than ne was. threw down the paper and told her
there was no use throwing hints at me. She said
she was not speaking to me. ! said knew she
wasn't, but she limiting very hard. She then
stated had said that Day ought to have shot her
and Miss Dreamer, well his wife. denied
this, and said that if Day had shot his wife, and
was satisfied with himself, was.
Direct examination saw him on the day he
killed his wife; it was in the afternoon, after six
O'Clock. He was walking along brisk on the
nue., between 7th and Sth streets. He commenced
dancing there for about minute. was within
twenty yards of him. AS he came up to
me he commenced crying; he had some grass in
one hand eating. asked him what was the mat
ter? He asked me if was making cigars yet?
make cigars l asked him again what was the
matter? He said his happiness and enjoyment was
gone forever. He had his mouth full Of grass he
WIN iio' oue anu put IL III MS pocket. tuikcu
with him few minutes longer, and he went up
the street. ! remained where | till he was
brought back by the officers. / don't think he
in his sound mind at the time, Judging from his
actions and general appearance.
Crosse examination resumed.-It on the south
side of the avenue; he turned round the corner of
7th street. Saw one there but ourselves. Am
certain it was grass. ] remained there till he was
brought back. 1t was about six o'clock-it might
have been seven for what | know. One or two
came there while ! there. Did not say any
thing to them about his eating grass, &c.; never
saw him eat grass before. Think | saw pistol In
his pocket. Saw him with pistol before, about
two years ago. / saw something in the shape of
pistol in his pocket
W. II. Fdnning.-I know John Day. | saw him
on the night OF his arrest just after his arrest fol-
lowed him TO the watch house; was right jam up
up against him almost. Could hear what passed. |
He asked Sessford if she was dead. Sessford said
no, she was not dead but she could not live she
had been shot through the breast He then said,
"Oh, my God!" and cried. This was between 18th
and 18th streets. When near 18th street Sessiord
said, "You have cut hell of a capcr tonight
He then said, al don't care damn" He then threw
up bis hands and said, "Oh, my God'' or "Oh, my
Lordl" and said he wished he had never seen the
woman. II he did not cry, must say never
heard better imitation.