Monday, October 23, 2017

Thomas Day, Jr., Killing

The Asheville Weekly Citizen (Asheville, North Carolina), 19 April 1882, Wednesday, Page 1: Report of the Committee on Manufactures to the Asheville Board of Trade at the First Quarterly Meeting of the Board, April 10th 1882.

Day Jno, c, cabinetmaker A F F
Day Thos, c, A F F, res 112 Pearson ave
Day S J Mrs, c, res 112 Pearson ave
Day Berta, c, res 112 Pearson ave
Day Jno, c, carp, res, extension of Atkin
Day Sallie Mrs, c, res extension of Atkin
Day Thos, c. res extension of Atkin
Day Robt, c, res extension of Atkin

c = colored
A F F = Asheville Furniture Factory
carp = carpenter
res = residence

Source: Asheville City Directory, 1887 (Southern Directory Co.)

The 1880 US census shows that Aquilla Wilson Day was around 75 years old when living in Asheville, Buncombe County, North Carolina, with her son, Thomas Day, Jr. But, the 1887 Asheville City Directory does not list her. Did she die between the enumeration of the 1880 census and the record gathering for the 1887 Asheville City Directory? That she did so die would be a reasonable assumption for one of that age. If she died in Asheville, where is she buried? Riverside Cemetery in Asheville does indeed have a large African-American section. Perhaps not all those buried there have been documented. And, not all graves are marked. However, Riverside Cemetery is not the only possible burial site.

The Murder of Day.
Coroner's Jury Charges Bannister With It.
His Shoes Fit the Tracks.
Strong Circumstantial Evidence Points to Mrs. Day's Paramour as the Murderer.

Coroner Askam, Deputy Prosecuting Attorney Morris and Deputy Sheriff McCorey are still at Franklin investigating the murder of Thomas Day and have David Bannister under arrest, charged with the crime. Their proceedings are told in the following special dispatch:

Franklin, Sept. 24.--Special--This afternoon Coroner Askam and J. J. Smith held an autopsy on the body of Thomas Day and found that he came to his death from a fractured skull. The skull was horribly fractured from the right ear to the left across the top of the head. Shortly after the autopsy a coroner's jury was impaneled and Coroner Askam and Deputy Prosecuting Attorney Morris conducted the examination. The jury returned a verdict that deceased came to his death from blows willfully and feloniously inflicted by a blunt instrument in the hands of David Bannister. Shortly after the coroner's jury returned its verdict, Day was buried in Franklin cemetery.

Tonight at 7 o'clock the preliminary examination will be held before Judge Bailey. The testimony of the state is entirely circumstantial, but points strongly to Bannister. The killing of Day took place at what is known as the fan on top of the hill above Franklin. Tracks were found leading from the fan on a by-path to the north. The best footprints were preserved, and today Mr. Morris and Deputy Sheriff McCorey secured the shoes which were worn by Bannister, and in company with six reliable men measured them and the tracks which were found leading away from where the murder was committed, and the right and left shoes fitted the respective tracks perfectly. A short distance from the tracks was found a heavy club which was newly split. It was identified as Bannister's.

At 11 o'clock on the night of the murder Bannister was seen coming from the direction of the fan by two witnesses, who positively identified him. Mr. Morris expects to finish the preliminary examination some time during the night. It is probable that Bannister will be bound over without bail. Day had no enemies, but had separated from his wife, and Bannister had taken up his abode with her.

Source: Unspecified, but probably The San Francisco Call (San Francisco, California).


Note that the 1860 United States Federal Census shows what apparently are the following children of Thomas Day:

Thos Day (male, 23)
V Day (female, 23)
M Day (female, 25)
M Day (female, 1)

United States Selected Federal Census Non-Population Schedules 1850-1880
Year Ending June 1, 1850
Name: Thomas Day
Enumeration Date: 1 Jun 1850
Place: Milton, Caswell, North Carolina, USA
Schedule Type: Manufacturing
OS Page: 301
Line Number: 15
Name of Business, Manufacturer, or Product: Cabinet Maker
Capital Invested in Real and Personal Estate in the Business: $5,800
Raw Material Used, Including Fuel
Quanties, Kinds, Values
7,000 ft, Lumber, $1,000
Unspecified, Mahogany, $2,400
Kind of Motive Power: Hand
Average Number of Hands Employed
Males: 12
Females: 0
Average Monthly Cost of Male Labor: $87
Average Monthly cost of Female Labor: $0
Annual Product
Quanties, Kinds, Values
Unspecified, Furniture, $5,700

United States Selected Federal Census Non-Population Schedules 1850-1880
Year Ending June 1, 1860
Name: Thomas Day
Enumeration Date: 1 Jun 1860
Place: Milton, Caswell, North Carolina, USA
Schedule Type: Manufacturing
OS Page: 6
Line Number: 3
Nature of Business: Cabinet Shop
Capital Invested: $2,500
Raw Materials: 250 feet mahogany, $1,000; 150 yards "Plush," $240; "Other Articles," $700
Kind of Motive Power: 6 horseteams
Wages/Average Monthly: $77
Annual Product: 40 Bureaus, $1,200; 144 Chairs, $720; 12 Sofas, $360; Other Work, $1,200

1850 United States Federal Census - Slave Schedules
Enumerated: August 25, 1850
Name of Slave Owner: Thomas Day
Home of Slaves in 1850: Caswell County, North Carolina
Number of Slaves Owned: 8
Age Sex Colour
66  M   B
30  M   B
50  F   B
30  M   M
26  M   B
23  F   B
21  M   B
20  F   M

B = Black
M = Mulatto

Arraigned for a Franklin Crime.
Seattle, Wash., Dec. 2.--David Bannister, accused of murdering Thomas Day, night engineer in the Oregon Improvement Company's coal mine at Franklin, last September, was placed on trial for his life today in the criminal department of the Superior Court. The evidence against him is circumstantial

Source: The San Francisco Call (San Francisco, California), 3 December 1895, Tuesday, Page 5.

General Directory of the City of Asheville for 1883-'4
Asheville City Directory-Colored
Day John, carpenter, res Sycamore
Day Thos, cabinetmkr, res College st
Day Ann, cook J R Rich [Rich J R, butcher, s Main, res Haywood]

Last thoughts. If Sarah and Bannister married, I don't think it lasted because she's listed as Sarah J. DAY of Portland, Oregon, a widow, in the 1900 and 1910 censuses. (in 1900, she's living with daughters Berta and Eliza. In 1910, it's just with Eliza. By 1920, she's still in Portland but in the household of Eliza (now called Elizabeth) and her new husband, Alford Alexander. (Eliza's 1919 marriage certificate in Vancouver, WA, lists her mother as Sarah and her father as Thomas Day.) I think it has to be the same family because Thomas, Sarah and Berta Day were originally listed in the same household in the 1887 Asheville City directory and Thomas and Sarah Day are listed as the sellers of a house on Pearson Street there the following year. That's when they must have left for the West because, according to the 1900 census Eliza was born in California in July 1889. Berta's father was apparently NOT TD JR. because his birthplace is given as Alabama. If Thomas Jr. had four little children with Sarah as Pat Marshall maintained (and I've always heard and is cited in the murder account) but I've only found Eliza. Suggestions welcome.

Source: Patricia Dane Rogers Post to CCHA Facebook Page 7 October 2017.

Children of Thomas Day, Jr. (with three wives):

1. Mary Virginia Washington (c.1837-1867)
   a. Mary Aquilla Day (1858-1921)
   b. John W. Day (c.1860-1918)
   c. Annie Day (1863-1947)

2. Annie E. Washington (c.1835-1877); married 1871
   a. Mabel E. Day (died young)
   b. Elizabeth W. Day (died young)

3. Sarah Johnson (1849-    ); married 1886
   a. Elizabeth M. Day (1889-    )
   b. Berta Day

Oregon Improvement Company

Paddy Rollers

Paddy Rollers

During the April 1822 session of the Caswell County Court of Pleas and Quarter Sessions, the justices enacted the following:

Patrollers appointed for 1822: Richmond Dist. John Thompson, John Long, John Kitchen, John Adams, Abraham Wright, James Whitlow; Gloucester Dist. Jerre Crisp, Paul Terrel; Caswell Dist. Joseph Cobb, John Cobb, John Nunnally, William Ray; St. David's Dist. Thomas Givson, Elisha Paschal, William Moore, Nicholas Willis, Joseph Carter, Jr. and Thomas Penick.

Slave patrols called patrollers, patterrollers, pattyrollers or paddy rollers, by the slaves, were organized groups of white men who monitored and enforced discipline upon black slaves in the antebellum U.S. southern states. The slave patrols' function was to police slaves, especially runaways and defiant slaves.

See: Slave Patrols