The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1851-07-26

TO NV daughter and said. "Kste. YOU shall not 90
home with him, know he will abuse you so;" sac
said, 4" Mother, do not think can 20 home with
,hn to night" Day commenced curslng and abus-
Ing her and me, saying that she belonged 20 him;
that she should go home with him, aad that she
would have to mind him in the meantime, Me-.
frldley came IN while this was going on; Day kep.
on abusing Us; Mr.. Fridley spoke to him, and
told him to be quiet; he said, throwing himself
about, " Here am, do what you please with me-"
MI s reply was, that he did not want to do
anything with him; only keep quiet, and that was
all he wanted; be Day then looked over to me
and smiled; ! sail, John, you need not put on
any such smiles as that to me, for won't coun-
tepance you any more; he renewed his oursing
and swearing, and said he did not want us to ooun,
tenance him; he turned round to my daughter and
said, Kate, are you going or not!' she said,
Mother, we will stay here to-night;" | sail, "No,
he can't stay under the roof with me tongh.;" he
then CONNIE need coaxing her to 60 home with him,
and succeeded she said, Johnny, for peace sake,
I'll trust myself once more with you :; sac then
came in and said, (" M other, I'm going home With
john" ! said, Sis, if you go home with John
tenance you again." she said, Smother, John
wants me to 60 no me with him, AMI I'll 60 and try
it again." she then put on her bonnet and shawl,
and at halfpast one o'clock at night she lett with
came ag ain; the next day, Saturday, sac came
again for good; it was halfpast two o'clock on
Saturday when she came; she came alone, and
told her she should not go back again; when Mr..
rTlUey cdLuo III tOiu MIN ABOUT ue Wtut OfeT
to the Island to about her things; no one went
with him at that time; | went over at night; Mr..
Frdey did not get the things he went between four
and FIVE the first time; at night, Mr. +. and myself,
and Mrs. Day, went over to Day mothers; the IA
mily were eating supper when We got there; my
daughter went down in the basement to call John to
light candle he did so; he unlocked the front door;
Mrs Day, her father, Day, and myself, went up
Day turned around to me and said, with an oath,
" You can take your daughter and her things too"
he kept going on, saying he was not going to live
take of her." 60, cursing all the time; said,
John, she has . home, if it is a poor one; can
take care Of her; he commenced again cursng,
saying, "You need not expect me to pay her board
l said, "John, don't want you to pay her board,
if you are only gentleman enough to pay your own"
he went on abusing till we left the house; as Mr..
Fridley was going down the steps, Che had some
Of the things, had some, Mrs. Day had some, and
Days sister had some,) Day rushed between me
and my daughter, and took her by the throat, and
pushed her aside and said, "Pl have my revenge"
he took her by the threat; his hands were around
her neck; jumped in between Day and his wife,
and said: "1f you strike or curse any person again,
you shall do it to me; you shantt do It to herr" he
then cursed me because had jumped in between
them; he said, "And so you were going to strike
me, were your had shovel and tongs in my
hand, and said, "No, John; l was not going to
strike you, but, if had would you perfectly
right" 1t is probable that, in jumping between
them, had lifted my arm with the shovel and tongs;
he then cooled of little and said, kste, if you
will 60, I'll help you over with the things" she
then turned round and said, Johnny, don't want
to 60 with mother, but you say you don't want me
to stay, and won't let me stay with you; so mast
us; his little brother helped to take the things
home; forgot, but now Tin answer to question Of
Mr.. Fendalrs,) | remember that John blew the
light out, and about the brush being used; he broke
the brush; his mother called out for Mr.. Wood,
who answered back, as we'll as can remember, s.
am not coming up" when the light was brought
up by his brother or sister, his IN )ther had hold
Of him round the wsist and was saying, "Johu,
you have consented to let Kate go; if you car,
ry on SO, will never countenance you again )"
he then turned round to his brother and said,
I" on be quiet; If you don't I'll knock you down."
this was the night when she came home the last
time; saw Day pass the house the next (Scndsy)
evening; he did not come in; him az hin on Mon
day night; she had been home Eve weeks and two
lays when she was killed; spoke to him on Mon
lay night doth April; during the five weeks she
hree, or perhaps six evenings, in coming to the
loor; on tho Sunday evening before her death he
,ame there, and asked her to take walk with him;
hey went of walking together; they were gone but
you took but short walk" she said, &c have
sick headache, and could not 60 far" she in the
house all day Monday MAY l2) till about six o'clock
jn the evening; Mr. Hoffman came up there about
hours after, that is, and Mrs. Day, and went to
Hofmans TO cut out dress for little girl of Mr..
Hofmans, Ian adopted child, to go to a Mayparty
In we left Hoffman's at half past seven together,
and went right straight homs-as straight as tho
road would carry us; Mrs. Day went in, lighted q
,ande. went up stairs to put away her things, and
then came down; then took the candle and went
up to put away my bonnet, ETC.; was up there
ZEN or fifteen minutes; whenI came down found
Vt my front door Mr.. Day, who was disguised
did not know him; Mrs. Day, James Somers,
,er cousin. George Fridiey, her brother, Miss
creamer, my daughter Mary, and two. or three
)tler of small childreu alaO there.
Day was in front Of the door the pave
nent; with his hands in his coat pockets; | /
hought he wss young man who came there
With my son; he had on short dark coat, |
white pantaloons, and light vest, and his cap was /
irawn down over his face he then run his hands 1
n his pockets; when went to the door, spoket to
md shook hands with my son, who had been away /
or about two weeks; he went into the house; | /
thought Day was young man who came home /
With my son he crushed his hands down, and \
gave me very severe look; ! thought. if no is /
hat young man he acts very strange; then vent
n the house, and my son was at tue door leading
'ut of the back room into the kitchen; l asked
him, "Son, did that young man who Is stand
ng out there on the pavsmest come With you !"
,s snd s ss could ss J1y psS diossfa
,ate;'' said, .'NO the gentleman doa't curse
here before could get down to the outer
bot her once my little daughter run to me aud
aid, smother, John has shot Kate - said ooh,
o my God, | hope he has not shot my poor
hid in an instant, and before could rea,h
Ter, | heard the pistol 20 OF again ] found my
laughter lying at the door she look, u me in the
ace and ssid, " Mother, John has given me my
asst blow - looked her in the face and said,
: Daughter, think he has, from your Appearances"
raised her mp against my breast; she assisted her
elf TO raise her head TO my breast; couple OF
gentle men and Mrs. Lamb came in, and We four
ook her into the back room and laid her Oh the
ofa Throughout the whole Of the testimony Of
Mira l rplafluO IN tina aot az kiliinO and the p Y
,lsmatons Of her dying daughter, the prisoner
was affected deeply was in tears, and hung his
head below the railing Of the box My daughter
appeared 70 be sensible, but said more till tho
ioctOr came; he came in four or Eve minutes; DIR.
Butt was he one; DIR. Butt told her 20 lie on the
le she was shot in; her reply was, in faint voice,
cannot lie on it;" she died in half hour after;
went into the room before she died, and asked
she felt any better; she looked mp at ~ Il
he wanted TO kiss me; kissed her, and she said,
. No no; I'll soon be gore;" the marriage took
,lace on Jane 4, 1850; nearly as can remember,
Day was not married week before he commenced
A. u. -.