b'unconscious Spencers throat, severing the jugularjudge, not Fleury, sentenced Day to two years in the vein. Cohen caught one of the horses, got the boy upTerritorial Prison in Yuma.behind him, and rode to nearby Croziers ranch to report what happened. He then road on to HackberryAppeals to Presidentand turned himself in. Since the killing happened onDr. Day was held in high esteem in Washington, D.C. the Hualapai Reservation, Cohen was tried in U.S.among Republicans. He had little clout in Prescott, District Court in Prescott. He was acquitted on thehowever, since it was controlled by Territorial grounds of self-defense. Democrats. He wrote friends in Washington about his plight and President Benjamin Harrison first ordered Day & Judge Fleury Days prison term be shortened to one year, then Dr. Day did not think much of the verdict in theissued another order cutting it to six months, and Spencer killing and the next time he was in Prescott,finally, he gave the doctor a complete pardon.he looked up Judge Fleury and told him so. Fleury, painted in the history of Prescott to be almost a saint,The whole sordid affair with Judge Fleury and Ella liked the doctor despite Days criticism of the SpencerHoward turned out to be of great benefit to Days decision. The doctor and the judge were seen onwife Bridget and Dr. Day himself. After tasting the occasion going from saloon to saloon along WhiskeyTerritorial Prison at Yuma, Dr. Day tasted much Row downing a few more drinks than good medicalless liquor than he had in the past. He settled down, judgment and judicial prudence would advise. becoming devoted to his wife, who had stood by him through it all, and his family. He built his That kind of drinking can get a man in trouble, andmedical practice in Prescott, then located in the so it was early in 1887 with Dr. Day. Judge Fleury andBashford Building, to new heights, and abandoned the good doctor were said by the Hassayampers whohis traditional wanderlust. Day fathered ten children, saw them that day to be having a bit more fun thanseven of whom survived to adulthood, hardly a feat usual. Now the honorable Judge Fleury had a live-inthat could be set by a restless, adventure-seeking man169 E Wickenburg Wayfriend to ease the traumas of being required to sitsuch as he was before his short prison stay. Dr. Day in judgment in the wild and rowdy frontier town ofhad settled down in a house of octagonal design onWickenburg, AZ 85390Prescott, Arizona Territory. Her name was Miss MaryEast Gurney St. that was built in 1887. 928-684-6123M. Gilbert, known around town as Ella Howard. Pioneer Home Opens at 11:00am DAILYDr. Day had his patient, gentle and dutiful wife,Dr. Day had many professional accomplishments in Bridget, as his live-in. Fleury was in rare spirits thathis later years in Prescott. He served as a city health day. He summoned Ella from his home to the plaza.officer and as Yavapai County coroner. He was the There, the revered judge, with all judicial dignity,chief medical doctor at the Pioneer Home and one of solemnly married Dr. Warren E. Day and Mary M.his lasting legacies in Prescott is the donation he and Gilbert. It was about as bogus a marriage as one couldhis wife made of land for the Pioneer Home Cemetery imagine and it lasted but one night. There is no recordin consideration of their love and affection for the of Bridget Days reaction to these judicial/medicalaged and infirm pioneers of Arizona. Doctor and professional shenanigans.Mrs. Day deeded this land, totaling one-half acre to the state of Arizona in 1912 for the uses, purposes, There is plenty on record of how A.K. Smith, surgeonand benefits of the Home for the Aged and Infirm of the United States, reacted when he learned inArizona Pioneers, forever.The deed was recorded by Washington of the bogus marriage and one-nightCounty Recorder L. S. Colwell on December 20, 1912.stand of Dr. Day. He fired off a letter to authorities in Prescott and in February of 1887, the good doctor wasWarren Erasmus Day retired from active practicearrested for polygamy. Two years later, a jury foundin Prescott in the mid-1920s. He died in 1929 at the Dr. Day guilty after 15 minutes of deliberation. Aage of 89. Dr. Day eventually settled down, becoming devoted to hiswife, who had stood by him through it all, in a house of octagonal design on East Gurney St. that was built in 1887.ArizonaRealCountry.com October 2020 21'