The republic. [volume] (Washington [D.C.]) 1849-1853, 1851-07-29
TRIAL OF JOHN DAY,
On the charge of haeng murdered has soys, Catherine
V1ginia Day, on tAs l2h If May. lSbi
U. s. CRIMINAL CoURT-JusE TEaM.
MONDAY, July 20, 1851.

Mr.. Turner, the member of the jury whose ILL
ness caused an adjournment OF the court on satur-
day, appeared this morning much better
EVIDENCE FOR DEFENCE CONTINUED.
Robert Iate.--I know Day. Knew him before
his marriage. He appeared to have lively dispo-
sition. noticed no change in his manner in him
after his marriage. Never had much conversation
with him. He was ON the omnibus the day OF the
murder; with me two trips that day He went
over and came back with me; he then went away,
and after a while got on again and went over and
back with me.
saw him about o'clock on one of Majors ON
nibuses. He was not in the omnibus. Never
knew him to ride inside the omnibus The last
trip he rode with that day about two
o'clock. asked him why he was not at work. he
said he hardly ever went TO work in the fore part
Of Monday; He used generally, SO far as know
70 ride on the outside of the omnibus.
Cross. examination He might have been IN the
inside of other omnibuses without my seeing MIN
When saw him on Nailor's omnibus ne was re-
turning from ff-rgetown. When he last rode
with me he got Oh in the city.
i Il Thomas Moors.-Day belonged to the same COM
pany did in Mexico. Witness gave Day char
aoter for excellent conduct while IN Mexico.
H. Nelson Henning--l know John Day; nave
known him about two years-before his marriage
of course; he is of the same calling as myself.
and Mr. Bowen had contracted to build house,
and could not do il; We gave IL out in sub-conract
10 three persons but soon found out that Day was
the only one OF the three who reliable. Never
employed him after that till this spring. The first
work at the State Department, about three or
four months ago; did not see much OF him there HIS
work was very satisfactory to me and Capt. Buck
ingbam. He was in my employ on the saturday
previous to the 18th of May. On that Saturday 1
found that there was somethng-wrong about him,
and came to the conclusion that he was tired OF
working for me and desired me to discharge him.
He was setting a door frame, and noticed that he
did not do it we'll ] noticed him till ! was tired,
then went To him and asked him "Whats the
matter John, are you sick?'' He said, 'Well have
had a bad cold for a week" ! set the frame and
ne went on TO work, but had tospeak to him again
before long, on account of the way he was laying
his brick. He said he would attend to it, or some
thing like that, which a satisfactory reply, and
let him go on with the work He worked all
day ON Saturday. The work passed, but it was not
as well done as thought he could do After had
paid the hands, went and Strengthened up the
work which thought not well done. sent
for him ON Monday. never saw him after Satur-
day. overpaid him on Saturday, which OF itself
showed was not dissatisfied with him. don't
recolIect that made any remark TO the men on
the building about his conduct on Saturday.
only thought he did not want to work for me any
longer. He would smear the bricks in clearing of
the mortar. He was good workman, and al
ways paid him the highest wages. Don't recolect
hearing any of the workmen remark on that Sat
urday that John Day was crazy. He was in great
Precipitation and drank great quantity OF water,
and it was because of this that thought he was
sick.
Cross examination. --The weather was quite warm.
Day worked for me for three weeks previous to the
18th Of May, 1.-THE day Of the killing.) Have often
seen persons who understand their business be
careless and awkward over their work. Have
seen good hands smear their work. He was very
quiet, and had but little TO say. His manner on
that occasion was like 1t was always. thought
he was not himself that day, but 1t appeared
only TO me in his manner OF doing his work. Did
not notice whether he looked pale or flushed.
Robert Grimes.-Have known Day about egh-
teen months. was with Day on the occasion OF
the visit of the Americas Fire Company Of New
York to this city; it was sometime In the spring,
previous to the 18th of May. He appeared to be
very distant with his friends, absent minded,
Subject to another we were at the steamboat
wharf, and we were talking about the detention Of
the fire company at Mount Vernon; Day started
abruptly conversation on another subject don't
think he drank any thing all day; didn't and l
didn't see him.
ross-erami,,ation. did not think he in his
mind on that day; Judge so from the facts have
stated. remember that at the collation. that
night, when his friends would be joyful, he would
be away by himself, and not partaking in the en-
ioyment. ! never saw him drink on any occasion.
he appeared to be melancholy, taking no interest
in what was going on pon . , ,hins shSuid psr,
not Tor what tooE place aitof. inen,SoIIed TEEN
to no one at the time. Witness repeated circum-
STANCES OF several occasions of his meeting Day,
and of Days being distant in his manner towards
him.
Mrs. -dnn Wood, recGiled.--Cn one occasion
went out to look for house, and called at Mrs.
Whetmore's; Mrs. Day was with me. said before
when the stand thatI never took her vising with
me, and now wish to correct it by stating that
she was with me on this occasion at Mrs. Whet-
mores. never took her visiting because had
orders not to take her with me from my friends
they told me not TO bring her with me when visit
cd them.
Cross, eraninsd. My sister, Mrs Morgan, was
one who told me so; don't remember any one else
member when Mrs. Morgan told me this; it was
one or two weeks before she MRS. Day. left my
house. never carried her with me to Whetmore's
but this casual visit; never took her elsewhere
with me- We stad an hour more, and took tea
at Whetmore's; it was about O'Clock in the even
ing. don't think if the deceased had asked me
would have taken her with me to visit any OF my
friends. Day came to Whetmores on that occa-
sion. Can't fix the time Don't thnki was more
than month before she left her husband. 1t was
before the ARRAY which took place in the street be-
tween Day and his wife
Ellen Doughsrty.--I saw John Day at the Fire
mems ball on the 18th Of January, 1850, (before
the marriage.) His wife wEs there alec. saw
She1ell there, and he was very attentive to her;
don't know that saw Day speak to her during the
evening.
was at the ball at Odd Fellows Hall last fall.
Mrs Day was going to dance with gentleman.
and was going to dance with MIR. Day He asked
me to excuse him a moment, and went up and
asked whether she was going to dance with that
gentleman. She said yes He said no you shan't,
She said you dance with whom you please, and
will dance with whom please. After that drew
Day back little and said he ought not to have
hurt her feelings He said it was not to hurt her
feelings, but he determined she should not
dance with any of that party. The gentleman was
named MCGEE, and understood by the party he
meant Shekell--he and MCGEE being intimate.
don't know whether she danced with MCGEE or not
at that time.
Cross-eranined. ---Sheke was very attentive tc
her at the Firemen's ball in January, 1850. saw
no one else paying her any attention that evening
saw Day, a few minutes after he killed his wife.
on the pavement opposite to Fridlcy's house.
heard him say he had done deed, he had been
drove to it. he did not say who had driven him to
it, asked him if he wasn't sorry for it, and he
commenced crying. A colored woman was cross
ing the street, and asked If she was dead; she
said no, but she was dying. He seid, "Oh, my
God!'' and let fall a which he had in his hand
told him he bad better go away from the place
where was staying, and he said no, that he would
be arrested there. / went into the house and left
him there. ! heard no threats; heard him say he
would shoot himself; this was before the colored
woman came up. reside on ID street; board al
MIR. Turner'S. ] don't remember having said &c
any one that never heard Day say any thing, nor
that ever told any one that knew nothing about
what Day said. gentleman asked me il was
- -t,, s..lI L., Afly