Jasper County Democrat, Volume 11, Number 6, Rensselaer, Jasper County, 9 May 1908 — GUILTY OF MANSLAUGHTER. [ARTICLE]

GUILTY OF MANSLAUGHTER.

“Dan” Day Jury Reach Verdict After 33 Hours’ Delibration. SENTENCE TO REFORMATORY OF FROM 2 TO 21 YEARS

U Given By the Court, and the of Daisy Phillips Will Be Taken to Prison Next Week. Not more than two score persons excepting the special venire of twenty talesman were in the court room when the fourth murder trial for the past fifty years in Jasper county—and we believe in the history of the county—was called Tuesday at 11 a. m. The case was that of the State of Indiana vs. Daniel Day, who was to be tried for the murder of Daisy Phillips, a I'Y-year-old Rensselaer girl on the night of April 2 last, which has heretofore been told of in these columns. Judge Hanley occupied the bench. The prosecuting attorney and his deputy appeared for the State and G. A. Williams for the defendant. The Jury as finally accepted follows: James Jordan. Leslie Alter. John W. Marlatt. Simon Cook. Ellis Jones. \ P. B. Downs. B. W. Ellsworth. Fred Karch. Geo. Potts. Geo> Moulds. Martfh Cain. , D. W. Myers. No relative was inside the rail with Dan at first except his mother. At the afternoon session his father, mother, sister and one brother were present and occupied seats near him- They remained with him, to the end of the trial. His eyes wandered about the room and once his distorted face lit up with a smile as they rested for an instant on an old pal. He maintained this same Indifference to the end and when on the stand was not excited more than were the spectators at the trial, and in fact no one connected with it seemed to realize that a human life was in the balance and that the jury had the power to' send the prisoner to his death by the hangman’s route. Such, however, was the case, and in former trials of this kind a much more solemn demeanor pervaded the court room. The defense entered a plea of not guilty and At special plea of insanity. Geo. W. Goff, E. M. Thomas, B. S. Fendlg, J. H. S. Ellis, W. S. Parks and Dr. English swore that in their opinion the defendant was sane.

his school career. His father swore that he tried on two occasions to get him into the Fort Wayne School for Feeble Minded but that each time there was so many applications ahead of Dan’s that he never succeeded in doing so. Of late years when Dan was not gathering beer bottles or junk, he went hunting and fishing and as a hunter and fisher he was quite successful. Three years ago he took to drink and many persons including Nightwatch Thomas saw him under the Influence of liquor frequently, as he prowled about at night, which he did often, sometimes as late as 12 o’clock.

On the fatal night Dan went to his father’s house about six o’clock. Mr. Day was milking Lt the barn. He asked for a dollar and the father wanted to know what he wanted it for. He said he wanted it to buy copper, yet it seems this is the same dollar that bought the deadly stuff he drank to nerve him to shoot Daisy Phillips. Just when he went after this is not made plain, but an hour after as Nels Grigg and Goldie Woods were going to Phillip’s they met him near the old Starr property. They talked to Dan, who bad his shot gun with him. The girl asked him if he was going to shoot her and this reading ttie defendant sat with his eyes fixed on the floor and only Once or twice looked at the Judge, he said he was not. She then got behind Griggs. When they found he was going to Phillips’ they did not go, but went to the skating rink. 1

Amy Phillips, 13 years old, testified that Dan got there about 7:30. That they all talked with him. She didn’t see any bottle, didn’t see Dan drink; he had a shot gun, two revolvers and a dirk knife; that he had been coming there for a long time, and that Daisy’s dress was on fire when she saw her after she was shot. H. L. Gamble had made a plat of the building and had indicated on information the direction taken by the bullet and also Dan when he went to the ice house after the shooting. Nora Phillips, a demure little Miss of 15 years, quite prepossessing in appearance, with a dainty little smile, took the stand. She was the state’s star witness. She testified that Dan came to the Phillips home about 7:30 and talked to all of them. He talked much of a gold mine be had discovered along the river somewhere and promised to give Nora money when he realized on it. He had some yellow rocks as samples of the ore. Mention of this gold mine brought a broad grin to Dan’s face. Nora saw a bottle of whiskey on the table, from which her mother took a portion and made egg-nog. They all dran< but Dan, who presumably took his straight, as he himself testified that he -drank there, having a pint of his own in his pocket.. He refused to tell who got the pint for him; said it was a friend of his and he would not give him away. Dan took out his guns and placed the muzzles to his temples and to the back of his neck. Daisy requested him to take the loads out of them. This he refused to do, although he, when so requested before, this night, had always complied. He gave as an excuse for carrying so many guns that a dog had been bothering him and he intended lo kill it. Three persons were engaged a part of the time Dan was there, writing letters. The mother wrote one, Daisy wrote several and Nora wrote a few. After a time the family except Amy, Daisy and Dan retired' Before retiring, how many times the bottle went around was not brought out, but Dan in his own behalf swore they drank while in the tiouse and Nora admitted that egg-nog was passed around at least once. Nora retired about 11:15 p. m„ leaving Dan and Daisy in the sitting room. Dan’s shot gun remained sitting behind the kitchen door. Nora went to sleep almost immediately. Amy testified that when Dan got ready to go he tried to get Daisy to go out with him., She went to the

Daniel Day was born in Rensselaer Sept. 29, 1887—a date sworn to by his father Hiram Day. For the first years of his life, owing to a nervous affliction with which he was born, he was unable to walk or in fact to control the action of the members of his body. As the boy grew older this -disorder partially left him and when a few years old he went about town In a wagon. Then he got so he could walk, although in a shambling, swaggering way. No control was ever exercised over Dan's conduct by his parents and owing - to- a disruption of the family—the mother securing a divorce, and both she and the father marrying soon after —Dan, who was then 9 years old, was thrown on the streets more than ever befpre. This was in the palmy days of the saloon and Dan soon got onto a scheme to make money. He might be seen almost any time with his dog, for he always had one or more, shambling through alleys or in the rear of buildings picking up beer bottles. These he sold tfr the saloon keepers. This brought him in contact with the lowest sort of saloon bums, who were ever present when he offered his wares for sale. When the saloons went out Dan’s specialty was gathering junk and selling it and this business seemed to have been profitable as he had deposited SSO with Geo. W. Goff some five weeks before the fatal April 2nd. He also kept an account of some $35 to SSO with B. S. Fendig prior to his arrest. - y ; Dan went to school one-half day, but the teachers did not care to have him around and the children teased him so much that that ended