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Thomas Day was born about 1651 in Rappahannock, Virginia. He is a great, great, great, great, great grandfather of Grover and Harrison Shepherd. Elizabeth Mary Angelica Day, the only Daughter of Thomas, married George Shepherd about 1725, becoming part of the first generation of our Shepherd ancestry in America.
Married Twice
In 1676, Thomas Day married widow Dorothy Young Hudson in Old Rappahannock County, Virginia. Dorothy was the daugher of Robert and Anne Parry Young. Dorothy (b. ca. 1646, d. bef. 1698) was the widow of Edward Hudson with whom she had three children: Serania/Lurana, Anne, and William. The following is reported to be the marriage contract between Thomas Day and Dorothy Young Hudson:
"Know all men by these presents that I Thomas Day of Rappa Planter doe upon consideration of a marriage with Dorothy Hudson as alsoe for and in consideration of a horse received of the said Dorothy hereby engage myselfe my heirs and assigns to buy a mare filly of a yeare old the same to be bought within two years and what female increase comes of the said mare to be equally divided between Laurana, Anne and William Hudson and Mary Bartlet and I do hereby engage that the first two calfes that fall [ends]"
Early records show that Thomas Day purchased land from William Hudson and wife Rebecca Woodnut Hudson located in Essex County, Virginia in 1687. He also purchased 189 acres in Essex County, Virginia from a John Brookes in 1693.
Before 1698, Thomas married second, Elizabeth (surname unknown). Thomas and Elizabeth had one daughter, Elizabeth Mary Angelica Day, born between 1687 and 1699, who later married George Shepherd.
Indicted for the Murder of His Wife
The most notable event that has been preserved concerning Thomas Day is his indictment for the murder of his wife, Elizabeth, in 1699. Exactly what transpired conerning this event is not completely clear.
According to recorded testimony, it appears that a neighbor, Mary Hodges, visited the Day home and found Elizabeth Day's dead body lying on a bed. She had been severly beaten, and Thomas Day also had wounds on his face. Thomas Day said his wife died about two hours before sunrise, but he did not know what had happened to her. He told Hodges that his facial wounds resulted from hitting his head over a "potrack." A jury indicted Day for the murder of his wife, but was acquitted. A man named John Smith was later found guilty of Elizabeth's murder and was executed.
Nothing is recorded concerning Smith's relation to the Day's or his motive--only that he was found guilty and executed (presumably hanged).
Testimony concerning this case follows:
Essex Co., VA Deeds and Wills BK 10, Part 1, 1699-1702; page 31A; 10 Feb 1699;The deposition of Judith Davy aged 27 years or thereabout, being Examd and swoorn saith that upon ye 9th of this instant and going to ye house of Tho. Days of Ffarnham in ye Essex County at ye request of Mary Hodge, her neighbour and seeing ye Days wife lying dead upon ye bed in a most horrod and barborey mannor all gored in blood this depo. asked him how his wife cam to be in that condition who mad answer he know not. Thy Depot. further asked him if he and his wife had been quarrelling who replyed that he and his wife had not had an angry word this many a day also they Depot further asked him if anybody had been lately thoto who answered nither did he see anhbody also they Depot. asked him how he burned his eyes who replyed again ye pott rack and being asked a little while after by this depot. how he hurt himself he answered the Lord Knows, I know not and this Depot. saith furthor that ye Sd. Tho. Day had then and at the same time his face and eyes most greviously bruised and further saith not.
Judith Davy
Sworne before me ye Day and yeare above written; Rich'd. Covington
The deposition of Elizabeth Aeres, aged thirty-eight years or thereabout, being Examined and Sworne saith that upon the ninth of this instant that going to the house of Tho. Daye of Ffarnham parrish in Essex County at the request of Mary Hodge, he neighbour and seeing the sd. Days wife lying dead upon the bed in a most horrod and barboriy mannor all Gored in Blood thy deponent asked him how his wife came to lie in that condition who made answer he knew not this Depo't further asked him if he and his wife had been quarrelling who replyed that he and his wife had not had an angry word this many day also thy depont. further asked him if anybody had been lately there who answered no neither did he see anybody also this dDepont. asked him how he hurt his Eyes who replyed against the potrack and being asked a little while after by thy depont' how he hurt himself he answered the Lord knows I know not and thy Depont saith further if the sd. Thomas Daye had then at the same time his face and eyes most greviously brused with severall wound and bruses upon his head and further saith not.
Elizabeth Aeres
Sworn before me the day and yeare above written By me Rich'd Covington in ye Place of A Coroner
The Deposition of Mary Hodges aged seaventy five yeares or thereabouts being Examined and Sworne saith that upon the ninth of this Instant coming from the house of Mr. Tho. Covingtons and going to Tho. Days of Ffarnham Parish in Essex County seeing the sd. Day setting upon a counch by the fire seemed melancholy asked him how he did who answered he did not know his face and eyes being most greviously brused he presently after tould me that his wife was dead. Your Depot asked him how she came to die who presently replyed she died about two houres before day of morning. Your depot further asked him how his face came to be in that condition who tould me he cut it against the potrack that was over the fire upon which I went to the woman, his wife as she lay on the bed and found her dead your depont. seeing her lying in a most horrod and barborous manor all gored in blood upon....Your depont. took Days wife by one of her shoose which was upon her foot and found her legg to be somewhat limber and the sd. Day requesting her to strip her dead body I told him I may not able of myself to perform it and further told him I would goe for more assistance and call of Judith Davy my daughter in law and Elizabeth Aeres which accordingly I did and ye depont. further saith not.
Mary Hodges
Sworn before me the day and yeare above written. Rich'd Covington in Place of Coronor.
An Inquisition Ind.... and taken at ye house of Thomas Dayes in Ffarnham Parish in Essex County ye 10 day of February in ye yeare 1699 before me. Rich'd Covington one of his Majesties Justices of ye Peace for ye County of Essex upon view of the body of Elizabeth day ye wife of Thomas Day....then and there lying dead and ye Jurors being good and lawfull men and Sworne to trye and inquire in ye behalfe of our Sovereigne Lord & King how and in what manner ye Eliza Day came by her death and they upon their oath say that ye Elizabeth Day was much beaten and bruised with both her eyes exstreem black with many other bruses on her face and bruise on her right eare and a hole underneath ye smae eare and we of the juror say..ye cause of ye sd. Eliza Days death and wee of ye Jurors further say that Tho. Day at ye same time was much brused and beaten having both his Eyes Extreemly brused and black several cuts in his head and further upon his Examination would not confess anything how Elizabeth his wife came by them blows and wounds now how he came to be soo beaten himself so we Jurors say that in ye parish and county aforsd and on the eight or ninth of this instant to wit: in ye dwelling house of ye sd. Tho. Day that ye Sd. Eliza. Day was barbarously murdered and by all manner of Circumstances we can find or gather that ye aforesaid Thom. Day is Guilty of ye murdering ye said Elizabeth Day. In Reffereance to ye Same I Rich'd Covington as afforsd togeather with the jurory aforsd: have put our hands and seales ye day and date above written.
Richard Covington in ye Place of Coronor
Sam. Farry, Tho. Ewell, Henry Perkins, Richd. Taylor, Tho. Crants, Tho. Johnsone, Tho. Greene, Wm. Price, Sam. Coates, John Brooks, Tho. Cooper, Henry Geare, Jeffrey Dyer, Tho. Williamson February 10, 1699.
Thomas Day of Essex Co., VA charged with murdering his wife Elizabeth Day. He was acquitted in Aprill Generall Court 1700.
John Smith was found guilty of murdering Elizabeth Day and was executed. October Generall Court 1700.
Died 1705/1706
Thomas Day died between December 5, 1705 (the date of his Last Will and Testament) and February 11, 1706 (when his will was probated). At the writing of his will, an ailing Thomas Day had placed himself and his daughter Elizabeth (still a minor) in the care of John Fargason.
