The republic. [volume] (Washington [D.C.]) 1849-1853, 1851-07-29

/ houDirdss ands alter 4 had got oach, aoout ""7ks
and had taken supper heard he had killed his WIFE,
During the whole evening he talked OF but one
thing, and that wac the trip TO New York as
member of the band.
ment in front of Benter establishment on the ave-
nue., between, 9th and a. streets. When l left
| them he and Kuhl made a move to go up the ave-
nue. towards 7th street. did not see him eating
grass. feel quite sure 1t must have been alter
six when left him.
James o Boroe7,, rscallsd.-Gave accused good
character as a workman, aud for quiet and orderly
conduct previous to his marriage.
Peter HsUsner--Day was employed under me
for ten months at the Patent Office; he WAS quiet
and orderly. He was married during the time he
worked there He was at work there also when
| the child was born. He came TO me a few days al.
ter its birth and told me his wife had given birth
| to child, and that he had been informed by her
and his mother-in- law that il was not his. He be-
came quite dissatisfied the birth of the child being
rumored about the building, and he did not work
| for several days. He had stopped work for two
or throe days, aud he then came TO me and
| told me. He went away and came back again
in two three days, and said he could not work,
and wanted to leave the city, and wanted me 10
| advance him the money. tried TO console him
much as could, but | could not; he said he
| determined to leave the city, that he would leave
| her forever, and would not live with her again.
| then promised to advance him the money, and in
a couple of hours did 90; he then went away, and
did not see him for nearly three months. The next
| time saw him he omnibus with the
driver, and thought it was very strange for
brickayer who could get good wages TO be riding
about on an omnibus with the driver. One even
ing after that ! was sitting in my house and he
came up with his arma full of dishes. and asked
! me if did not want some. i ted him no. He APP
! peared much confused, aad iIe4ig down his head,
and he asked me for dollar. told him il he called
any other time / would give it to him. He then
went off down the street. When he asked me for
| the money at the building he appeared much dis
tressed; be paced up and down the arches, and
kept looking round, as if he thought the workmen
1 Ill .sx~hf ho-
my house with the dishes to sell, 1 remarked then
| that he must be crazy. His manner was then very
much confused. Had conversation with him
| after that
| Cross eramined He told, me that his wife and
| his mother in law said the child not his; and
that it was Shekell's. He told me that it was not
his child that he had accused her of it, and she had
told him then il was Shekells. He said that, from
circumstances, he knew it not and could not
| be his child. knew him first in December, lS49
He then went to work at the Patent Office.
| He called ON me for money, and put him Oft
| In about two weeks he called on me again for mo-
ney, and said he going to be married. He did
not tell me to whom he was to be married, but had
seen him promenading the pavement with her one
Sunday evening. They came past my house on ID
street, between 9th and 7th had heard from the
men on the building that he was counting. had
not heard any description of her from him. He did
not say who he was going to marry; he never men
toned her name. thought, and 30 told him, that
he was too young to get married, that he could not
| provide for family remember no other CONVEX
sation with him about the marriage. At the time
when he told me of the birth of the child, he said
that Shekell had been very intimate there, but
that he knew nothing of it till after he married
| He never mentioned that he had any suspicion
Of his wife being pregnant before marriage. He
told Inc that he was satisfied his wife not wo
man OF good character, but he never had the least
suspicion OF her till after the birth of the child He
said that nc had been completely taken in. /
heard of the murder the night it occurred; was
working in the city that day-don't remember
| WI Ia w
have heard, but what have stated is the correct
statement of what took place between the prisoner
and mysclf Have no recollection OF having given
different account Of these conversations. never
told Colonel Brooke that the prisoner ever told me
that he Of his wifc's condition before her
marriage. never told Colonel Brooke that tried
to persuade the prisoner not to marry her because
of some impeachment of her character for chastity
Incver saw her but once, and that was on the Sun
day afternoon saw her with the prisoner pass by
| my house. never told Colonel Brooke that ever
endeavored to persuade the prisoner from marry
ing the deceased for any cause arising from char
acter did not know who the person was that
Day was going to marry. never saw her after
her marriage, and only suppose that the person he
grarrsed wa- sa tone Aad sren hEm WISHING witsI.
James keiiy--l am non commissioned officer
of the Infantry. have known John Day for years.
| The day after his wifels commemorative had pa
rade to attend Varden's funera this just after
! Skidmore shot; talking about Skid
| more, whom Day thought was innocent. He said
! that he bad met with like occurrence; asked
| him how? He said that his wife had had child,
| as understood, the night before, after being mar
ried only three months. He said that he had been
over to Georgetown to whip, or had whipped, She
kell, who was the father of the child. He said he
did not about it, that he did not intend to live
with her any more that he was as free as frog, or
| something OF that sort. told him that he had bet
| ter go to Maryland and apply for divorce. l saw
him some time after on that day; he was on horse
| back riding about like crazy drunken man.
He very lively and excited about it in his con-
versation. understood that the child was born the
night previous to this conversation. He not
| in uniform, and asked him why he not in
uniforms; and he then told me of the occurrence as
l have stated. have seen him when he worked on
| my building in 1874. was not at the ball in Odd
Fellows Hall. i saw him after on parade. heard
after that that he was living with his wife.
Cross Observation-Disclosures further elected.
Enoch Ridgtcay.-I married ON the 4th of
June, 1850, the same day the prisoner was. met
him on the corner of 18th and streets after the
child was born. / commenced asking him how his
family was, and was plaguing him about his wife
| having child so soon. He colored up and ap-
peared to be hurt He said he was deceived man;
| disappointed man. Witness asked Day whether
it could be so that he had nothing to do with her
before marriage; and the prisoner said he never
knew her in any shape form before his marriage.
told him that would not have been married that
long without knowing whether my wife was in
that condition not. Day said, how could he tell
that she went to bed without having three or
four pettcoats on. That he had asked her why
she kept them on, and had demonstrated with her,
tnal sne salu lnal sue WIS always aCCu5tOlleQ
to wear them, and that if che left them off she
would catch cold. l told him that if che was my
wife would have pulled them off her. He said
that he knew the child was not his; that it was
Shekelrs; that il could not have been his, for he
did not know his wife before the marriage. Wit
ness detailed subsequent conversations with the
prisoner, in one of which he engaged board with
the witness, but never came there to board; that
upon witness asking him why he had not come TO
board, the prisoner said that he had been per
suaded by his wife's parents to go back again.
That on the Saturday evening previous to the kill
ing witness met the prisoner, and walked with
him from Grffns shoe store to Butts apothecary
store That during the conversation Day said he
had no heart to work.. that everywhere he went
the finger of scorn was pointed at him. He said
that If he had fifty dollars he would leave the city.
told him that it would not take him long TO earn
fifty dollars He said that he had no heart to work;
that he was disappointed man; that wherever he
went the finger of scorn was pointed at him. He
was excited, and talked violently and rash.
Cross examination. - During the conversation
Day told me that he had been injured aud dis.
appointed man; that his wife had positively denied
every thing up to the last moment; that he had
cused his wife of being in the family way, and she