Civil, political, professional and ecclesiastical history, and commercial and industrial record of the County of Kings and the City of Brooklyn, N. Y., Part 147

Author: Stiles, Henry Reed, 1832-1909.
Publication date: 1884
Publisher: New York : Munsell
Number of Pages: 1360

USA > New York > Kings County > Brooklyn > Civil, political, professional and ecclesiastical history, and commercial and industrial record of the County of Kings and the City of Brooklyn, N. Y. > Part 147

Note: The text from this book was generated using artificial intelligence so there may be some errors. The full pages can be found on Archive.org (link on the Part 1 page).

Of this matchless hymn, Mr. Benedict has given three ver. sions, the second of which, more literal in rythm and translation, we regard as the best, and as among the best which have been made. All his versions have great merit. * * * . . .

In the earlier mines there is rich ore which should not be buried-gems well worthy the search of sneh skilled collectors as Benedict, Dr. Schaff, Slosson, General Dix, Dr. Coles, and the other accomplished scholars, here and abroad, who, by their translations into English, have excited such general interest in the subject.

The field for such explorations is indeed a broad one, ex- tending over the long period in which the literature of the world was almost monopolized by the ccclesiastics, all whose writings aimed at the promotion of religion and the advancement of the Church. Besides an unlimited number of legends of the saints, sermons, treatises, and commentaries, they produced devotional poetry, of which, though mnel has perished in the lapse of time, much yet remains. The literature of the sixth, seventh, and eighth centuries especially, seems to have been of almost ex- clusively religious character. Among those of that period was St. Avitus (died 525), who wrote six poeins in Latin hexameter, three of which, on the Creation, Original Sin, and the Ermulsion from Paradise, not only possess great poetieal merit, but benr a remarkable resemblance in plan and detail to Miltou's Paradise Lost."*

Mr. Silliman then proceeds to review Mr. Benediet's work. We could wish to enter into a detailed examination of the great excellencies of this review, but our limits will not admit of it, or of more extended reference to the thorough seholar. ship by which it is characterized. We have, however, presented sufficient evidence, in these selections from Mr. Silliman's speeches, of the true manly spirit of loyalty to the best interests of society and to the honor of his profession which so eminently marks his career.

We have only to add, that Mr. Silliman is the President of the Brooklyn Club, an active member of the Long Island Historical Society, and a promoter of many other important institutions and interests which redonnd to the stability and welfare of the community of which he is so worthy a member.

* Chambers' Medimval History.

Samuel Brance Duryea

1233

BENCH AND BAR OF BROOKLYN.

HARMANUS B. DURYEA.

HARMANUS B. DURYEA .- The history of the Duryea family in this country starts with Joost Durie, a Huguenot, who was born in 1650. In the year 1675, he emigrated from Man- heim, in the Palatinate of the Rhine, and was accompanied by his mother and wife, Magdalena La Febre. He settled first at New Utrecht, afterwards on land between Bushwiek and Newtown, taking the oath of allegianee there in 1687. His death occurred in 1727. Jacob, the second son of Joost, signed his name Durye. He was married, in 1708, to Katrina Polhemus, and resided first in Bushwick, afterward in Brooklyn. He died in 1758.

Joost, the eldest son of Jacob, was born in 1709. He was a farmer and millwright at Jamaica South, and married Willemtje Terhune. His brother Abraham was an influen- tial merchant of New York, and a member of the Committee of One Hundred during the Revolutionary War. He wrote his name Duryee, and still later it was changed to Duryea. Jolın, the eldest son of Joost, was born in 1743, and was a flour merehant in New York. His first wife was Sarah Bar- kuloo. In 1771, he married his second wife, Jannetta Rapel- yea, daughter of Cornelius Rapelyea, of Hellgate. Rudolph, the second son of Joost, was Colonel in the Revolutionary Army.

Cornelius Rapelyea Duryea, the second son of John and Jannetta Rapelyea Duryea, was born July 12, 1779. He mar- ried, in 1805, Ann Barkuloo.

Harmanus B. Duryea, son of Cornelius R. Duryea, was born at Newtown, Queen's; county, N. Y., July 12, 1815. In 1825, the family removed to New York eity, and later to Brooklyn. Harmanus commeneed the study of law in the office of Thomas W. Clerke, afterwards a Judge of the Şu- preme Court of the First Judicial District. He completed his studies with those eminent jurists of Brooklyn, Judges John Greenwood and John Dikeman. At the age of 21, he was admitted to the Bar, and began practice as the partner of Judge Greenwood. In 1842, Mr. Duryea was appointed a Supreme Court Commissioner for Kings County, an office of high judicial importance, charged with all the duties of a Judge of the Supreme Court at Chambers. This offiee was abolislied by the constitution of 1846. Soon after assuming the duties of this office, he was appointed Corporation Coun- sel for the eity of Brooklyn.

In June, 1847, he was elected District Attorney of Kings County, serving, by re-election, two terms of three years each. In the fall of 1857, Mr. Duryea was elected member of Assembly from Kings County, from the Third Assembly District. In the following year he was re-elected. In 1858 he was the only Republican member of the Assembly south of Albany.

In recognition of Mr. Duryea's zeal and ability in advanc- ing educational interests, he was appointed a member of the Board of Education in Brooklyn, and served for many years in that capacity.

In 1831, Mr. Duryea became a member of the Hamilton Literary Association. In 1842, he drew and seeured the passage of the aet of its incorporation, and held the position of its President for a number of terms. Throughout the half century and more of its existenee, this association has exercised a powerful influenee upon the destinies of the vil- lage and eity of Brooklyn. It has now been merged into the Hamilton Club, which proposes to hold a distinetly literary and artistic place in the community.

As early as 1836, Mr. Duryea became connected with the military organizations of Kings county, serving as Lieuten- ant, Captain, Colonel, Brigadier-General, and finally, as Major-General of the Second Division of the National Guard

of the State of New York. This position he held for many years, and at the time of his resignation, in 1869, was the senior Major-General of the State. From 1845 he was ac- tively engaged in the improvement of the militia, attending the Legislative sessions in this interest, serving on the State Boards for Revision of Laws and Regulations, and for three terms acting as President of the State Military Association.

Among other marked advanees inaugurated by General Duryea, was that of the system of brigade encampments. He also seeured the passage, in the New York Legislature, of the aet for the establishment of the magnificent parade ground at Prospeet Park. When the Civil War opened in 1861, the Second Division was strong in numbers, and among them were military enthusiasts, successful organizers, skillful instructors and accomplished military advocates, 80 that whenever the division was called upon, during the war, for militia or volunteers, it was ready to furnish its quota promptly and without any failure. The militia regi- ments were among the first to rally to the defense of Washington. Among them the 13th, 14th and 28th. of Brooklyn. They furnished officers for the volunteers. The 14th early volunteered for the war, and in emergencies all the regiments of the division, except one, were called to the seat of war. That one was sufficient to preserve order in the division limits, which no riot ever disturbed. General Duryea's talents for organization, and long fa- miliarity with the militia rendered invaluable his serviees in drilling and forwarding the volunteer regiments, and in re- plenishing the constantly wasting force of the militia. These duties he discharged with a faithfulness and efficiency characteristie of the man; and throughout the dark days of the Rebellion was energetie in serving his country.

As a member of the Bar of Kings county, he always prae- tieed those professional amenities so elaraeteristie in a higli- toned lawyer: therefore, his relations with the Judiciary, and with his brethren of the Bar, have always been pleasing and instructive. His retirement from practice was a subject of regret, not only to them, but to those who were aecus- tomed to rely upon his professional learning, sound and thoughtful adviee, and his aeknowledged ability.

SAMUEL BOWNE DURYEA.

SAMUEL BOWNE DURYEA, son of Harmanus B. Duryea and Elizabeth A. Bowne, daughter of Samuel Bowne, was born in Brooklyn, March 27, 1845. He was a student at the Brooklyn Polytechnic Institute, from which he entered the sophomore class of the New York University, and graduated with honors in 1866. For a time he was a student in the Yale Theological Sem- inary, but decided not to pursue the course intended, on aeeount of special interests demanding his attention.

Mr. Duryea is actively connected with Brooklyn's representa- tive literary and charitable institutions, such as the Brooklyn Library, the Art Association, Children's Aid Society, Young Men's Christian Association, Kings County Temperance Society, Franklin Literary Society, Hamilton Club, and Tree Planting and Fountain Society.

He is in polities an independent Republiean, and has given much thought and time to the best interests of the city, as affected by legislative aetion, in regard to edneation and taxa- tion; as well as to matters of importance to the State, such as the preservation of its game and fish, and the protection of its forests and streams.

In the year 1869, Mr. Duryea was married, at Milwaukee, Wisconsin, to Kate, daughter of Walter P. Flanders, Esq.

Mr. Duryea's varied education, publie spirit, and zeal for good government in the city of his birth, render him one of Brookyn's valued eitizens. His wide acquaintance with literature gives foree to his written and spoken productions, among which we mention a paper on The Rightness of Seif-love as a Ground of Action, read before the Franklin Literary Society, Nov. 18, 1878; and an Address on Education, delivered before the same asso- eiation, Nov. 24, 1879. These essays al thoughtful and direct in purpose, and exhibit felicity of expression, delicaey of taste and a pure diction.

1234

HISTORY OF KINGS COUNTY.

ALEXANDER McCUE.

JUDGE MCCUE became a resident of the city of Brooklyn so early in his life that he may almost be regarded as a native of the city. He was born at Matamoras, Mexico, in 1827; his parents were natives of Ireland, and before the birth of their son became residents of Matamoras. His father was a merchant of high standing, of considerable enterprise and talent. These qualities were fully recognized by his fellow-citizens, and he became one of the most influential of their number. At the time he settled there, there was not a brick house in the city; it was not long, however, before Mr. McCue erected a tasteful brick house, and his example was soon followed by very many of the leading citizens. When young McCne was seven years of age his parents sent him to Brooklyn to be educated. He had been at school but a short time when he received intelli- gence of his father's death. His mother, a woman of uncommon mental powers, added to those other virtues which make up the exemplary wife and mother, prepared to become a resident in the city where her son was being educated. Accordingly, she disposed of the real property left her by her husband in Mata- moras, and, with her other means, became a resident of Brooklyn. .

Young McCue early exhibited scholarly traits; to him the acquisition of learning was easy and natural. Soon after his arrival in Brooklyn, he became an attendant, and we believe a member, of St. James' Catholic Church, in Jay street. So rapid- ly had he advanced in his education that, while yet a mere boy, he beeame an acceptable Sabbath school teacher in the school of that church. Among his brother teachers at that time, were many of the best-known citizens of Brookyn.

His mother, in the meantime, whose watchful care was con- stantly over him, decided to send him to Columbia College; after a thorough examination, he was found to be well qualified to enter that institution, from whence, in 1846, he graduated with high honors.

As his friends did not consider his education complete, he was sent to Europe to finishi it, and he became a student in one of the German universities for a terin of two years. After a faithful studentship he returned to this country, prepared to enter upon his chosen profession, the law. Ile selected for his legal preceptors Ilon. John Greenwood and Gen. H. B. Duryea, then partners in the practice of law, and one of the most eminent legal firms in the county of Kings. He was in due time prepared for his examination; this successfully took place, and he was called to the Bar of the State of New York. So closely had he applied himself to his studies, so useful had he become in the office of his accomplished preceptors, that imme- diately after his admission they offered to make him a partner; although the offer was very advantageous, the young lawyer decided to begin practice alone, and this he did with satisfac- tory success.

Mr. Mol'ne had early attached himself to the Democratic party, and he soon became conspicnous among the politicians of the city and county. In 1853 he received the appointment of Assistant District Attorney. Hle discharged the duties of this office so acceptably that in the autumn of 1856 he was nominated by the Democrats of the county as their candidate for District Attorney. At that time the " Know-Nothing" agitation was at its height, and Mr. MeCue and all the nominees on the Dento- cratic ticket, with the exception of James Hutchins who was elected State Senator were defeated. In the autumn of 1857 he accepted the nomination as the independent candidate for Con- gross, against George Taylor, the regalar Democratic nominee. Hle was defeated and Taylor was elected, but afterwards the Democrats of the district strongly regretted that they had not Dominated and elected Mel'ue. He now devoted himself closely to his profession, and so rapidly did his reputation as a lawyer increase that in 1499 he was elected by the Board of Aldermuen

Corporation Counsel. At the expiration of his official term he was re-elected, and when his second term expired he was suc- ceeded by Hon. JOHN G. SCHUMAKER, an eminent lawyer of the Brooklyn Bar. At the expiration of Mr. Schumaker's term, Mr. McCue was again appointed Corporation Counsel. The evidence of the distinguished abilities which he brought to this office is his repeated election to it, and those records in which his official acts are recorded. The Brooklyn Eagle said of him : "As a lawyer, Mr. McCue bears the highest reputation, and his judgment on intricate knotty points of law is second te no other lawyer in the State." The history of his career at the Bar abounds in important cases in which he was counsel for one or the other of the parties litigant. In consideration of his abilities as anadvocate, he was assigned as one of the counsel in the celebrated case of the People v. Gonzales; and when that case reached the Court of Appeals he conducted the argument of the appeal in that tribunal with marked learning and ability.

When, by the amendment of the Constitution, it became cer- tain that two additional judges were to be added to the Bench of the City Court, Judge McCue was very early solicited to become a candidate; but he thought proper to decline, and with his family visited Europe. But when the time came for nominat- ing candidates for that office, he, with Hon. Joseph Neilsen, was nominated by the Democrats of the city, and, as we have seen, he and Judge Neilson were elected for the term of fourteen years. On his return from Europe, he entered upon the duties of his office-how ably and learnedly let the profession and the public answer. We venture the assertion, however, mak- ing it a matter of history, that the answer must be in every sense gratifying to Judge McCue and to his friends.

We recall an instance in his judicial career in which his eharge to a jury became a matter of mnuch favorable comment by the press, the profession and the public. It was his charge to the jury in the case of The People v. Perry, a physician, or a pretend- ed physician, who had been indicted for producing the death of a woman by malpractice in an attempt at abortion. In the course of his charge the Judge said that " a medical practitioner, regular or otherwise, must be held as bound to be able to per- form the functions he professes to discharge, and that he is net only responsible for the commission of errors in his practice, but he is liable for any avoidable injurious omissions of duty. Heretofore in practice, if not in law, charlatans and irreg. ulars have been employed by patients at their own risk, and such a thing as malpractice has hardly been thought of." Judge McCne's rulings, said the New York Times, commenting upon his charge, " whether it be new, or an anomalously luminons putting of the law, asit is, is in the interest of sound and regular medicine and surgery and the preservation of human life."

This trial took place before the present law regulating practio- ing physicians and surgeons. The preliminary contest in the famous Beecher-Tilton trial, brought on by the application of Mr. Beccher's counsel, Mr. Thomas G. Shearman, for a bill of particu- lars of the facts upon which Mr. Tilton relied to establish his canse of action, is and ever will be regarded as one of the most important incidents in legal history. The motion to compel the plaintiff to deliver to the defendant's attorneys n statement in writing of the particular times and places at which the acts named in the complaint took place, was elaborately argued before Judge Neilson, who denied the motion for a bill of particulars, whereupon Messrs. Shearman & Sterling took an appeal to the General Term of the City Court, which was argued before Justices Reynolds and McCue early in November, 1974 Each of those learned jurists delivered an opinion, the former in favor of affirming Judge Neilson's decision, the latter in favor of reversing it. Both of these opinions are characterize l by peculiar learning and acuteness of reasoning. The opinion of Judge MeCne, with which we have to deal at present, is one which will always be studed by the legal profes sion with interest and protit. " The power of the court, " Any s

1235

BENCH AND BAR OF BROOKLYN.

the judge, "under section 168 of the Code, is without limitation. The court may, in all cases, order a bill of particulars of the claim of either party to be furnished. This language is broad enough to cover this case, and the reason for the rule which has obtained in our State in criminal actions and actions for divorce, applies with equal force to an action for crim. con. We are justified in saying that it applies with greater force in the case at bar, for the effect of the verdict against the defendant is practically to stamp another person, not a party to the action, with his crime, and, therefore, unable to make any defense in court."

As the court was divided, Judge Neilson's decision was sus- tained, and the case went by appeal to the Court of Appeals, which reversed Judge Neilson's decision and that of the General Term, sustaining Judge McCue's opinion. Whereupon Judge McCue, on December 7, 1874, upon proper affidavits made by Mr. Beecher and Mr. Shearman, granted an order requiring Mr. Tilton's attorney to show cause before him, at a Special Term of the City Court, then soon to be held, why he should not deliver to the defendant's attorney, at some reasonable time before the trial of the cause, a statement in writing, verified by oath, of the particular times and places at which he intended to prove that any of the charges in the plaintiff's complaint against the defendant took place. The granting of this order brought on another contest before Judge McCue, which took place at the time when the plaintiff was required to show cause why the bill of particulars should not be granted. In this contest Mr. Evarts and Mr. Shearman appeared for the defendant, and Judge Morris for the plaintiff. After long and elaborate arguments, Judge McCue directed the entry of an order that the plaintiff furnish to the defendant's attorneys the bill of particulars required, and that the plaintiff be precluded from giving any evidence at the trial of the action to prove the occurrence of any specific act of wrong committed by the defendant at any other time or place than is set forth in the said statement of particulars. From this order the plaintiff appealed to the General Term of the City Court, and after another lengthy argument by the respective counsel, in which Mr. Beach and General Tracy participated, for and against, the order for a bill of particulars granted by Judge McCue was set aside or reversed. Chief Justice Neilson and Mr. Justice Reynolds both wrote opinions in favor of revers- ing it, and the same was reversed. Thus ended this great contest, in which the most important legal questions were discussed and decided.

In the long judicial career of Judge McCue there are found a large number of interesting opinions, which have added largely to the legal learning of his day.

The term for which he was elected is drawing to a close; there must be much in the memory of it which is gratifying to himself and his friends, and if he were again placed upon the Bench, the long experience he would bring to it would be of the greatest value to all.

GEORGE G. REYNOLDS.

JUDGE REYNOLDS, like his distinguished associate upon the Bench, Hon. Alexander McCue, has so long been a resident of Brooklyn that he has come to be regarded as one of its native citizens.

After commencing his practice in Brooklyn, he began to lay the solid foundation for an elevated professional reputation, and he rapidly advanced to the front rank of the Brooklyn Bar, a position which he hield until called to the Bench. On leaving the Bar, he left an extensive and honorable practice. It was his ability and learning as a lawyer that placed him upon the Bench.

On October 21st, 1872, he was nominated by the Democrats and the Liberal Republicans for the judicial office he now holds, having, we believe, once before held the office of City Judge. Immediately after his nomination, the Brooklyn Eagle, comment-

ing upon the event, said: "Judge Reynolds has been so long and favorably known, his career as a lawyer has been so con- spicuous and successful, and his reputation as a inan so pure and unsullied, that no commendation of ours is necessary to aid in securing his election. That he will be elected is a certainty, and that he will honor and adorn the Bench after his election is also certain."

This language of the Eagle has proven in every sense true. At the election, which took place in November, 1872, he was elected a judge of the city of Brooklyn for the term of four- teen years. He entered upon the discharge of his duties Jan- mary 1st, 1873. These duties have been arduous, the business of the City Court having continued to increase from the time he commenced his judicial career down to the present. Though it is in its nature a municipal tribunal, it ranks in dignity and importance with the Supreme Court, and in many respects its jurisdiction is equal to that court.

At the Nisi prius or Trial Terms, at its Special and General Terms, Judge Reynolds has for twelve years labored assidu- ously-and we make no mistake in saying-to the satisfaction of the Bar and public. We have already alluded to the part he took as a judge in the great preliminary contest of the Tilton-Beecher case, in the motion to compel the plaintiff, Mr. Tilton, to furnish the defendant with a bill of the particular circumstances on which the plaintiff relied to make out his case against Mr. Beecher.

After the argument of the appeal in the General Term of the City Court, taken from Judge Neilson's decision denying a bill of particulars, Judge Reynolds wrote an opinion sustain- ing Judge Neilson, in which he carefully reviews the cases in which bills of particulars have been allowed in actions for divorce on grounds of adultery, and he says: "Bills of par- ticulars may be ordered in certain cases, and have sometimes been allowed in actions of tort or wrong," and cites two cases in which such have been allowed, one of which was Humphry v. Cottleyou (4th Cowan, 54), which was an action of trover for the conversion of a quantity of timber. The Court said that "the date of the item should be given with as much particularity as possible; if the day could not be stated, then the month or year should be; that, however, was a case where the claim was susceptible of being resolved into particulars, or itemized, with approximate dates, as much so as an ac- count for goods sold." The other case was an action for dower, Vischer v. Conant (4th Cowan, 396). The count or charge was in the then general form, without stating any land in which the widow claimed dower. The Court said that " the proper course was the same as in cjectment, where the de- claration was equally general, that is, to ascertain, by a bill of particulars, for what particular land the plaintiff was pro- ceeding."

Need help finding more records? Try our genealogical records directory which has more than 1 million sources to help you more easily locate the available records.

Civil, political, professional and ecclesiastical history, and commercial and industrial record of the County of Kings and the City of Brooklyn, N. Y., Part 147

Author: Stiles, Henry Reed, 1832-1909. Publication date: 1884 Publisher: New York : Munsell Number of Pages: 1360

Author: Stiles, Henry Reed, 1832-1909.
Publication date: 1884
Publisher: New York : Munsell
Number of Pages: 1360