The republic., 1851-09-04
Local Matters.


CASE OF JOHN DAY-THE MOTION Fon A New
TaIAL.-The consideration of this motion was re-
sumed yesterday in the criminal court.
Mr.. Fendall proposed to read the affidavit of
Motley l.. Adams one of the jury, heretofore pub
lished in this paper) denying utterly false the
statements contained in the affidavit of Richard
Brooks, wherein said Brooks represented having
heard said Adams express opinion hostile to the
prisoner before the trial
Mr.. Bradley objected to the admissbity of the
affidavit OF juror to sustain his verdict II juror
could not testify to impeach his verdict, he ought
not to be allowed TO testify to sustain it,
Alter argument, the Court ruled the affidavit TO
be admissible and il was read.
Mr.. Fendall read the affidavit of Mr.. Philip OF
terback, jr.. (Which has heretofore been published
in this paper,) and the additional ones, the sub.
stance OF which is stated as follows
Justice CrGndeii, who has known Brooks for fir
teen or twenty years, says that his character for
truth and veracity ID bad, and that, judging from
public opinion, the deponent would not believe
Brooks ON his oath.
Ignatius W. Atchison has known Brooks about
fifteen years. his character for truth and veracity
s bad, and deponent would not believe him on his
oath.
G. k. Atchison has known Brooks thirteen years;
his character ia bad; and the deponent would not
believe him on his oath.
Adam Gaddis, jr, has known Brooks eight years,
and from his character for truth and veraoity, /
would not believe him on his oath
Thomas p. Iench has known Brooks for twelve
years, and from his character for truth and vera
city, deponent would not believe him upon his
oath
John Simmons has known Brooks for twenty
years, and from his character for truth and vera
city, deponent could not believe him on his oath.
John A. lpiilet has known Brooks for six years,
and from his character for truth and veracity, de-
ponent would not believe him on his oath.
John l.. Marceron has known Brooks for four
years, and from his character for truth and vera
city, deponent would not believe him on his OATH
James Gates, sr., has known him for fourteen
years, and from his character for truth and vera
city, deponent could not believe what Brooks would
say on oath
George Myers has known Brooks nine years, and
from his character for truth and veracity, depo-
nent would not believe Brooks his oath.
Dr. a. w. Muller has known Brooks for years,
and has heard persons acquainted with Brooks's 8
character declare they wouid not believe hisn on
his oath.
Benjamin p. Smith has known Brooks for the
past ten years, and is familiar with his character
for truth and veracty, which is VIGOROUSLY infa-
nous and bad, and, from that character, deponent
would not believe him on his oath.
Mr. Fendall offered evidence by several jurors
concerning the matters detailed in the oral testi
mony OF Messrs. Henshaw and Plumsill
The Court expressed an opinion that no affidavits
from the jury could be received, but, if counsel
were disposed to argue the point, he would listen to
II cheerfully
Mrs. Mary DIM Fuiinore deposes: That she
knows Mrs. Ann Wood, the mother of John Day /;
that she became acquainted with the said Mrs.
Wood when the said Mrs. Wood was girl; that
her maiden name Padget that she married
the late John Day, father of the prisoner; that
some time after the marriage said Mrs. Wood left
West End, near Alexandria, (now in Virgina,)
where she was then living, and moved TO Alex
andrlaj that this afflants acquaintance and inter
course with her continued after such removal, and
after the birth of the prisoner. That this afiant
never knew, or heard, suspected, that said Mrs.
Wood was al any time of weak or diseased mind,
or subject to become dsordered in her mind, with
out any assignabe cause, or to be affected by any
troubIe differently from people generally. And
thls aUlent never doubted, nor heard questioned,
the mental sanity of the said Mrs Wood. That
tnis afhant lived in the same neighborbood with
Mrs. Wood before her removal to Alexandria.
nm r. Austin affirmed that he has known for
nearly twenty years Mrs. Ann Wood, the mother
OF John Day. That he never heard and never
had reason TO believe or suspect that her mind was
weak or diseased, or liable to become disordered
without any aesignabe cause; and that he never
heard 1t intiinated that either she any of her
iamliy were insane; that she always appeared to
this afhant to be as sound in mind as people gene
rally, and as capable of attending to her business
Humphrey o. Whitmore deposed that he has
known Mrs Wood since 1923, and has been ini-
mately acquainted with her since 1899, and that he
has always thought her TO be a keen and calcuIat-
ing wonani that she has been 30 regarded by her
neighbors, and this afiant never heard any thing
to the contrary; that he has known Mrs.
wood, without any assgnable cause to become
dsordered in mind, TO be unable to take care of
herself or her business and that he knew her
to be more affected than other persons by trouble
Isaoc Irunnet swears that he has known Mrs.
Ann Wood, formerly Miss Padget for about thirty
years. When he first became acquainted with her
she was residing with her father al West End near
Alexandria. She married John Day and removed
to Alexandria, where they resided till his death
John Day, lately convicted of murder in the Grim
lnal court is one OF the children of that marriage
Some years ago she married her present husband,
John w. Wood. Before her second marriage nc
(Alr. TrunneD had frequent intercourse and rer
ular association with her neighbor, and never
knew or heard that her mind was at any time weak
or diseased, or that il at any time became disor-
dered without assignable cause; or that she at
any time mentally unable to take care of herself,
or that any trouble would much confuse disor-
der her intellect, or that trouble would affect her
more or differently than it would persons goner
ally. On the contrary, she was considered by her
nelghbor5 and acquaintance, and 30 he Mr.. Trun-
nel) always considered her to be a smart, shrewd
woman, and one calculated to take care of herself
and her business. The whole family were regarded
as very sensible people, and would probably have
thought themselves insulted if they epoken OF
as any thing ese Mrs. Sally Rudd is n sister of
Mrs. Wood. Since Mrs. Woods second marriage
Mr.. Trunnel has seen her only occasionally. The
last tmo that he remembers having any particular
conversation with her when she called at
ms house TO make inquiries about her son. (the
prisoner,) and when she was informed that he had
ehhsted to go to Mexico; that occasion che
showed the anxiety natural TO a mother, but
thlhg indicating disorder of mind; nor has the af
naht ever seen any thing of the kind in her manner
Mr.. Morgan addressed the court in support Of
tho motion for new trial, maintaining that sutIi
cient evidence had been filed TO require the court
10 grant the motion.
MIR, Fendall replied, reviewing the evidence, and
arguing on the contrary side
Mr. Bradley addressed the court in favor of the
motion, insisting that there were gross improprie-
ties which vitiated the verdict of the iurv In Tho
course of his remarks, he said he desired in open
court to discleim any intention reflect upon tho
correspondent Of the Clipper for any thing he had
written in relation to the case. Nothing of impro.