The republic. [volume] (Washington [D.C.]) 1849-1853, 1851-08-01


fighting, biting, and kicking. Some one did hold
his head down, just at that time some one in the
crowd made some observation. and Wollard and
Davis arrested the person and carried him OFF to
the watch house. When Wollard and Davis left,
two other officers, Hubbard and King, came up.
DON'T remember who il was, but some assisted
me to tie him. After we got his hands tied, he
said If we would let him up he would go along
peaceably. We did let him up. We went of, aud
he made no other resistance except talking. He
said he could whip me. Boss and myself were one
on each side, and Hubbard and King behind. When
opposite the Unitarian church We found his hands
we're united; they loose. When asked
the officer to hold his head down, Mr. VOL
lard was smoking cigar, and the prisoner, In
bis struggles knocked the fire off the cigar and IL
fell on Days neck, and had to put Il out. He
went along all the way to jaivery peaceably, talk
ing with Boss and myself He said he ought not
to have made the resistance he bad that he did
not understand how he was committed We ex-
planned to him that he would have trial that he
was only committed for a further hearing.
Cross eramined.-l did strike him once. Boss
was near me helping me to tie him. Don't recol-
lec Boss saying to me when get to the Jail ought
not to have struck him. Witness repeated the Cir
cumstances of the scufe at the watch-house.
Direct denomination Il thought he aces like
sane man. He said nothing TO commit kyinself l
did not know him when he brought in the
watch house. had seen him before, but did not
know his name.
Witness cross examined by Mr.. Bradley
closely particularly. and at length, upon the wit
4
the watch house, and in the struggle that night.
Solomon Hubbard testified to what he saw of the
scutfie at the watch house on the night Of Days
commitment. He saw no rope put round Days
neck.
Joseph King testified to the same.
e. q. Handy, recalied.-Saw no rope put round
Days neck that night.
| Mr.. Fendall offered to prove that Enoch RidR-
way, witness examined on the part of the defen-
dant, had when summoned as juror, sworn that he
had no bias for against the prisoner in order that
the Jury might have an opportunity Of testing his
credibiity, when considering that fact along with
| his evidence on the trial
Mr.. Bradley objected to the proof, and, after ar
gument, the court ruled the testimony inadmissi-
BILE.
| Mr. Fendall said the United States would here
close the rebutting testimony, unless the juror Mr.
Laporte) who had yesterday expressed desire to
examine MRS. Fridley upon particular subject
| still desired it. II SO, she was in attendance.
| Mr.. Laporte said he did not now desire to exam
Inc her, after the evidence given yesterday ii
point by Mr.. Fridley.
| Mr.. Bradley then urged that the witness Mrs.
Fridley, being witness on the part of the United
States being still in attendance, and having never
been discharged, he had right to have her called
for BY him on the point
Mr.. Fendall commended that, if the defence called
! the witness, she would be the witness of the de-
fence, and not of the United States. The inquiry
was one purely collateral, and upon il the defence
had neither right to examine or cross, examine
| He had not objected yesterday when Mr.. Bradley
Intercepted Mr.. Fridey upon the matter, because
the juror had expressed desire to inquire into the
| subject.
The Court said that, the juror having declined
having the witness called, the matter at an
end
Mr.. Fendall then said the United States had no
concealments He withdrew all opposition to go
ing into the inquiry. The witnesses could be
called by the defence, and by them examined.
Mr.. Bradley then addressed the court, contend
ing that the subectmatter of the birth. death, and
burial of that child, not collateral matter but
matter strictly pertinent and material to the issue
He read authorities to show that it was in the die
erection OF the court at any time to allow the party
against whom the witness first called and
| sworn, to call that witness back at any time for
the purpose of cross examination He avowed his
intention of calling other witnesses to prove the
falsity of the statements Of these persons
ing the death of the child and its burial.
Mr.. Fendall replied, contending that the evidence
on both sides having been closed and the United
States having closed their rebuttng testimony, the
defence strictly to be confined to evidence
tending to repel such facts had been proven
during the rebutting testimony. He said he could
the sole purpose of enabling the other side to at
tempt TO stamp them with infamy.
Mr.. Bradley replied, reiterating his former posi-
tons
The Court ruled that the witness might be re-
called, at this stage, by the defence, for
nation but her examination should be confined to
the new matter of the birth, death, and burial Of
the child.
DECENTRALIZATION BY THE DEFENCE.
Mrs. Sarah Ann Fridiey.-The child was born on
the 18th of September, on Wednesday, think
so. 1t appeared to be healthy child. 1t died on
the next Monday 1t was taken sick on WednesS
day night; 1t was born in the morning.
remember DR.. Howard's calling there the next
day. He asked me if the child was we'll, and
| told him He looked at it, and he told me to
give it some oil. don't remember whether he
saw 1t the next day when he came not. He was
there on Thursday and Friday. He was there
Saturday. believe he saw ii then, but don't re-
collect did not think any thing allied the child
more than the common ailments of any other in
FAINT. The doctor was there on Sunday; ii was his
last visit. II was the bed there, and can't say
whether he saw it or not. He asked me if had
given it the medicine. told him had 1t died
on Monday about H. 1t was buried that night
about early candle-ight. No coffin was prepared
except what MIR. Day prepared for it. 1t was
put in box by him. Day was home on Mon
day; he left my house on that morning about
nine O'Clock, and returned little after twelve. He
came back after the death of the child. sent to
neghbor to confer about the child before died
He (John Day. wouldn'tet me do So He was at
home pretty much all the time from the birth OF the
child till Monday morning, except that he would
| go out every now and then for few moments. He
! was not absent in Alexandria all of one day be-
| tween the time of the birth Of the child and its
death. It, was buried in the yard of my house. MIR.
Day buried it, Persons were in the house back
wards and forwards while the child was sick. Mrs.
Boron was there several times after the birth of the
child; che was there much as four times As near
as can recolect she was there when the child was
born in the morning of Wednesday, and again at
night, then again the next Thursday morning and
night, and was there on Friday or Saturday morn
ing, am not sure which, nor am sure whether it
was in the morning or evening. She was there
Monday night Idon't rccoect any other neigh
/ Dor who was there Ifany called, Mr.. Day was not
willing that they should go into her room. Seve-
raj did call, but no went into the room except
Mrs. Boron, who did not GO up the last time, which
| think was on Monday night. Mr.. Day left
my house one day after eating dinner; he told
m in ynrea hat he
was going to Alexandria. Twelve O'Clock was
my dinner hour, and this was between twelve
and one. i think this was after the chds
death, but don't remember whether it was before
or after. think, as well as can now recollect it
was ON the Sunday before its DEATH he and bis
brother went together. l certain il was buried
the same evening that it died, and that day was
Monday. never told any person that the child
was buried at Homead's burial. ground, or at the
| Congressional burial ground. i may have said
wanted TO have it buried there never told any
person that Mr. Fridiey got coffin from Mr..
Thompson, the cabinet maker 1 never told any
person that Mr. Eridley buried fhc child I think