The republic. [volume] (Washington [D.C.]) 1849-1853, 1851-08-02
TRIAL oF IoHN DAY.
On the charge Of haUing murdered his lDis Caterins
PTginiG Day, on the 18th Of May, 1851.
U. S. CRIMINAL CoURT-JUSE TERM.
FRIDAY, August /, 1851.

John w. Wood.-I know the prisoner; am his
step father; ] married his mother. / know Mr..
| and Mrs. Fridley. ! and my wife were in Mr..
Fridley's house some time in March last, and a
conversation was carried on there between Mrs.
Fridley and my wife-it on the subject of the
death and burial of that child. Mrs. Fridley and
my wife were talking on some subject. didn't
know what, and desired TO hear what ii was;
didn't like TO let them know was listening, SO
got up for some purpose and took seat them.
didn't think they wanted me to listen. heard
Mrs Fridley tell my wife that the child had died;
that Mr. Fridley, poor old man, had buried II on
| the premises as still as he could. Think am
certain, know-I don't think any thing about it,
know that she said that was what kept them
there in that house under such heavy rent, lest
some person should into the house and
find it, and make fuss about IL.
Cross-eraminsd by Mr. FendaIl.--I did not hear
the first part of the conversation. heard some
words, but am not certain. was sitting about the
middle Of the room, and they off side
know didn't hear either my wife or Mrs +. men
ton Mr.. Days name don't know why thought
they didn't want to listen except that they talked
very low. | can't say the time certainly, but il
WAS about the middle OF March, and il may be later
TWAS before came down here to live. My wife said
itoughtn't to have beendone. Mrs Frdley said they
didn't want the child buried in the public burial
ground and supposed by 'hey'' she meant Da yand
his wife. don't remember any thing else abe said.
| i don't remember that Days name was men,
toned at all. They had been talking minute or
two, when moved my chair, and heard these words
after had moved nearer them. This conversation
was at night; went there just after tea; il wac
dark after Wa left home and we did not stay there
later than hafpast nine. lived at Fairfax court.
house; my family moved down about the first of
| January, and did not move down till the first OF
April. | was still living at Fairfax when this con-
versation took place. took no part in this
versation; there was else present but US
three. Am certain took no part in the converse
| ton. ! said nothing about heavy rent myself
because had no cause to speak of il. Mr.. Frid-
| ley came in before left, not very long a short
| a before ne eff / said mr. ~
to him about this conversation. l heard him say
nothing on the subject.
Direct eramination.-M Fridley said they were
| paying twelve and a half dollars month. | knew
| nothing of what rent they paying before |
was told Oft by them.
SiIas Knk.-I know the prisoner at the bar re-
collect the day his wife was killed, (Monday) l
saw him the night before Sunday on the corner
OF Tenth street, between nine and ten O'Clock.
Mr. Fendall objected to this evidence; it was not
sur rebutting testimony. II was not evidence to
rebut any new facts drawn out in the rebuttng
| testimony.
The Court ruled the evidence to be admissible
| Witness rssimed.-I saw him on the corner of 10th
street, in front Of Coombs tavern the south side
of the Avenue, on Sunday evening" the light before
his wife's death, between 8 and 10 O'Clock. went
| up and MIR. Day was there. Robert King, Column
| bus Ogle, George Keyworth, and William Tucker,
were there; they standing in front of the re-
| staurant; they were talking. Mr. Tucker and
! Mr.. Day went down the Avenue towards the Capt.
tol in about three minutes after joined them, and
went into Coombs's, and staid there about five
| minutes, then left to go home, and as / was GO
| ing home the clock struck ten. / live on G be-
tween Ninth and Tenth streets, about square from
where saw him have no doubt it was Day
| met and saw that Sunday night.
Cross eramird iion.--It was the towncock heard
counted the strokes; had heard it strike before
on that night. left King and Oge then. Think
| they were in the house at Coombs's. 1t was Sun
day night, the 18th of May. / had been to church
| think it near about the 18th of May. know
| it was the llth of May, because the next morning
looked at the paper and the announcement
OF Mrs. Days death. think il was the next morn
ing looked at the newspaper and the
nouncement. When saw the announcement OF
her death, certain that this conversation took
place the night previous. II took place Sunday
| night Il was on Sunday that met DAY. and Il
was Monday night he shot his wife, and it was
on the next day (Tuesday) that ] the
nouncement in the paper of her DEATH am GER
tain that 1t was on Sunday night saw him, from
the fact that he killed his wife the next Mon
day) night. ! live in the neghborhood, and
heard of her death on that night it occurred.
William TUCKER know the prisoner. heard
Of hs killing his wife on thssame night occurred
beora wfs With han tiec ve9sAs beiosG, for al
hour, ON the Avenue, at Coombss, and at a cigar
store nth street, south side of the Avenue.
| did not knowth then by whom it was kept, nor do
now know. did not see Mrs. Wilson examined
here the other day. don't know her. female
waited on us at that cigar store. She dressed
| as lady. There was a conversation between Day
and that female. To the best of my recollection,
presume, that ! parted with him about half past
nine O'Clock. have no other cause for supposing
that it on that Sunday night than that on the
succeeding evening within twenty four hours afterI
left him that heard of his wife's death. met him
carly in the evening, and staid with him about an
hour. am strongly of the opinion that it af.
ter nine O'Clock when parted with him. met
him about half past eight. | recolect that at
Coombs's met several persons. think one Of
them named Thomas Burch, but am not GER
tain whether it was Thomas. We left Coombs's to-
gether. Don't remember who was there when
left.
Cross erdmindtion.--I am not positively certain
as to the place where first met him that night,
but think ii was near the Perseverance engine
house. / am not certain who there when
met him. but there were several Ii was in the
neighborhood of eight O'Clock met him. When
say neighborhood, don't mean either before or
after eight, but it may be either. We remained
there few minutes, went up the Avenue together,
and finally we stopped in at Coosnbs's can't say
how long we remained there; few moments. We
stopped at the corner few moments after coming
out the house. Then came down to the cigar
store; don't recollect of stopping on the way any
where. We in that cigar store some mo-
ments. We came out together, and think
parted at Seventh street, but it may be at Ninth
street, am not certain which When parted
don't know whether returned went directly
home. He went towards the Island | can't say
how long saw him after parted he said he
gong home, and went towards the Island When
l heard of her death, on the night it occurred,
was then impressed with the fact that had been
with him the night previous.
Direct erGmination.-Iw was with him in the neigh
borhood of an hour, met him in the neighborhood
oil eight O'Clock, 1t may have been half-past.
Mrs. Boron recailed.-I was sent for on the night
OF the birth. MIR. Fridley came for me. On Thurs
day was getting ready to go to market, and was
sentfor. went went on Friday evening. The
next time went was on Monday evening. When
went on Thursday morning | was told it was
sick. looked at it and saw it was sick. | said to
Mrs. Fridley, "You had better send for DR.. How
ard She told me that she had mentioned it to
DR.. Howard, and he had said IT nothing but
bad cold These Mrs Frdley's words 10 me.
did not order any thing for the child, for did
not know any thing about its sickness. On FRI
day evening it was just it on the evening
previous, did not SEQ it on Monday. / did not
go up into the chamber. / had been out on an err
rand that evening, and called by MIR. Fridley's
house. went in at the side door. Mr.. FrdIey
was there in the parlor and Mrs. F. also. There
was gentleman there who was introduced TO
as Mr. Green. | remained there till Mr.. Green
left. asked her, after Mr. Green left, "How
the sick?'' And her reply was, Didn't know
the poor little baby was dead and buried" / said,
dead and buriedS did not know it," then asked
her where it was buried at, and she told me at MIR.