People of Hurley

People of Hurley

People of Old Hurley Call Davises a Menace

Hearing Held on Application to Send Two Colored Girls to State Institutions. Both Illegitimate and One Names Uncle as Father of her Baby.

Life on Eagle's Nest is not all sunshine and roses nor is it marked by all the comforts and pleasures with which the people who live in the valley are endowed, nor are the Nesters possessed of all the charms of intellect and otherwise as their neighbors, according to testimony given on Saturday before Judge Joseph M. Fowler at county court chambers in proceedings instituted by Miss Martha Davis, the country agent for dependent children, to have two colored Eagle’s Nest children named Davis committed to some state institutions for mental defectives.

Children Are Like Topsy.

The children whose commitment to some institutions is being sought are May, aged 24 years, and Elizabeth, aged 9 years. As disclosed by the evidence, these children, like Topsy, “just growed.” And there is also another little Davis girl, born last December, who is the daughter of May Davis, and she is like Topsy, too.

The Honor Role of Hurley.

Because the good people of old Hurley believed there was danger of more growth of the Topsy variety, they signed a petition in which they described the Davises, big and little, “as a menace to the community,” and asked such official action as would not permit their “unrestricted liberty.” The petition was presented to the town board, and according to Justice of the Peace Charles A. Snyder, who was not among the petition-signers, he turned over the petition to Miss Martha Davis, the county agent for dependent children. The petition filed with the town authorities of Hurley which resulted in the proceedings is signed by sixty-four residents of Hurley. The petition states “Whereas, we, citizens of the town of Hurley, have at heart the welfare of the whole town and of society in general, we hereby respectfully bring to the attention of the town board of the town of Hurley the following facts relative to the well-being of the locality in which we live: “Within the town of Hurley, in the neighborhood known as the Eagle’s Nest, there reside in
the family of one John Hen Davis (colored), his half sister, Belle Davis, and two illegitimate children May (aged 25) and Lizzie (aged 12). These three colored females are regarded by all familiar with the family to be greatly deficient mentally, and therefore unable to take care of themselves. It is also known that at times they do not receive adequate support from John Hen Davis. Moreover there was born in October of May Davis a girl baby, Ruth, whose father is
unknown. “Wherefore, we petition the town board that immediate and sufficient action be taken which shall guarantee the putting away in a proper institution of these colored females who are now a menace to the community and who we believe will continue to be such as long as they are permitted their unrestricted liberty.” The petition is signed by the following well known residents of Hurley:

W. A. Warren
M. T. E. DeWitt
T. D. Houghtaling
John P. Woolsey
J. H. Thielpape
Evelyn Snyder
Benjamin F. Dunn
Mary H. Dunn
Mary C. F. Woolsey
J. H. Hasbrouck
Maria D. W. Newkirk
Elizabeth DeWitt
Anna DeWitt
Robert Cole
Abram Elmendorf
Mrs. P. P. Brink
Mrs. A. B. Myer
Josephine D. Ten Eyck
Ophelia R. Ostrander
Charles DuMond
Mrs. H. A. Rowe
Hobert Rowe
Alfred B. Myer
H. G. Smith
George P. DuMond
Clara S. DuMond
Clarence T. Freer
Edna J. Freer
F. Tobey. Jr.
Susan F. Tobey
Emma E. Lockwood
Charles W. Cutler
Sarah M. Cutler
C. N. DeWitt
Anna O. DeWitt
C. D. Brown
Alice D. Brown

Edwin C. Brown
Minard W. Myer
B. K. Markle
Ada H. T. E. Houghtaling
Alice M. Van Sickle
James Deits
John L. Ostrander
Etta M. Myer
Hilaria Johnston
Jennie S. French
Lawrence H. French
Harry D. Freer
Silas Elmendorf
Susie Elmendorf
Mary Letsher
Mrs. J. H. Hiller
Morris D. Earle
Mae C. Earle
Mrs. J. A. Lockwood
T. H. Newkirk
Eugene Arnst
James A. Lockwood
Floyd A. Markle
Catherine E. Elmendorf
S. F. Ten Eyek
Harry F. Johnston
Mary E. Johnston

May Knew Her Father.

District Attorney Traver conducted the proceedings on behalf of the Ulster county agent for dependent children: the Davis girls and their uncle “John Hen” were represented by Francis C. Merritt. Miss Martha Davis stated she first heard of the Eagle’s Nest children two years ago but never visited their home, which is in the Negro settlement on Hurley mountain known as Eagle’s Nest until December last when she went there for the purpose of learning who was the father of May’s child. May said her uncle Luke Davis, was the father. The home conditions were poor but clean, she did not object to the poor conditions she found but she did object to the moral situation. The house was well built and consisted of one large room and a bedroom downstairs: there may have been a room upstairs. Miss Davis did not know what provisions were in the house. She talked with May Davis and also with her mother, Belle Davis, but Belle made practically no answers.
May, however, said her own father had been a man named Sampson. The next she saw the children was at her office in the county building on St. Patrick's Day,
when they were examined for about two hours. Most of the questions were saved by Mrs. Green, the stenographer for the county agent. Information on which Mrs. Davis based her application had been furnished to her by Mrs. S. Frank Ten Eyck, Charles A. Snyder and others.

The County Agent’s Duty.

There was nothing objectionable in the physical conditions, said Mrs. Davis on cross examination except that the house was poorly furnished. She thought Elizabeth, the youngest child, was under-nourished although she had seen many bashful children, she never had noticed that colored children were particularly different. May had not shown any reluctance to answering questions.
Miss Davis said she did not claim to be a judge of the mental condition of children, but it was her duty to see the children are properly cared for “if these children had been in my care,” she said, this petition would not be necessary. Not being in my care, it is my duty to bring them to the attention of the proper authorities.”

The Petition Disclosed.

Among those who had complained to her of the little child born to May Davis had been one of the justices of the peace, Mrs. Ten Eyck, Matthew T. E. DeWitt and others. “But nearly the whole town complained,” she added. “They signed a petition,” but she could not tell M Merritt what names were on the petition. District Attorney Traver thereupon produced the petition which Miss Davis identified, and Judge Fowler received it in evidence. The fact that both May and Elizabeth were illegitimate was evidence to her mind that moral conditions were bad, she said, in addition to the fact that the same condition applied to May's
child.

Enjoyed The Church”Feeds”

The Reverend Lawrence H French, Pastor of the Hurley Reform Church, who had been subpoenaed as a witness, said he had had some opportunity to observe the Davis children and also had visited their home. His first visit was in the midsummer of 1921, and he went again a few days after the birth of May's baby, when he had taken some [ ] and other nourishing food because he had been told she was not supplied with the kind of food which her condition
required. The home and furnishings were poor but clean. There was some shyness on May's part during the conversation, but not much shyness as he had anticipated. Mr. French said he had signed the petition that had been presented to the town board. The Davis children had not come to church except on special occasions when there had been a “feed” afterward, “and they
certainly enjoyed the feed,” he added.

Actions Show Mental Deficiency

On cross-examination, the Rev. Mr. French said the special entertainments were attended by white and colored children alike, and the white children enjoyed the “feed” just as much as the colored ones. In his pastoral work at various places he had visited many homes of the poor and they were not always clean. He had found that where the minds of the occupants were bright there was a general inclination toward cleanliness but not always. Mental deficiency on the part of May and Elizabeth and also on the part of their mother, Belle Davis, had been shown. In his opinion, by their reaction to conversations, Elizabeth was especially silent. The family lived in the woods, away from other people, and there was not as great opportunity for them to play with other children as if they lived in Hurley, but there were other children also at Eagle’s Nest. From their slowness to answer all questions, whether at home, in church or in the street, he had formed an opinion of their mental deficiency. Personally, he had no knowledge of any depredations the family had committed, but he had the testimony of many members of the community that they were a public menace. From the speech of people of Hurley, he believed they were a menace, and that opinion was based largely on the moral conditions existing in the family. “Don't you know that Hurley is a community where such matters when they are talked over never grow less but always grow greater as each person talks?” asked Mr. Merritt. Whatever opinion the minister may have had on that subject was not disclosed because an objection to
the question was sustained by Judge Fowler.

Lessons Unlearned in 10 Minutes

Mrs. Annette Leverich of 19 Lindsay Ave. Kingston, teacher at the Hurley school, said that May had entered school when, according to information furnished by Mrs. Van Demark, she was 13 years old and remained four years, but she appeared to be no more than 7 or 8 years old. In four years Mrs. Leverich was able to teach her to write her name and she also learned to repeat the “Jack and Jill” rhyme. It was necessary to tell her when to leave her seat and when to go to it, and to tell her to go out of the school at the noon recess. She was not able to do anything in school and did not mingle with any of the other children.
“I would have kept her in school anyway,” said Mrs. Leverich, “because the surroundings were better, but when she became 17 years old I was told by Mr. De Witt and the truant officer that her uncle, John Henry, wouldn’t let her stay.
“Elizabeth was there two years under me, and for the two years under the supervision of another teacher. She made no progress whatever. What she is taught now, she doesn’t know 10 minutes from now. Lizzie would mingle with other children, but May would not. “The other children were not intimate with May, but they are so fond of Elizabeth they give her food from their own dinner baskets. She has only squares of bread in her pail covered with something that looks like lard. We furnish her with cocoa, milk, sandwiches, frankfurters, and
other things, and personally I often take things to her to eat because I think both children are under-nourished. “Now and then we find she has stolen food from other lunch pails and baskets and she says May has told her to do it and to bring the food home.”

The Teacher’s Conclusions

There are other children from the Eagle’s Nest attending the Hurley school, she said on cross examination. Concerning her own desire in the matter, she said:
“I would desire them to be put in an institution where they will be well cared for, not because they live on Eagle’s Nest or any other place because where a child lives is nothing as long as she is well cared for. “While I never have made a study of the subject, I would consider that a child is mentally deficient when you can't teach her anything. It is impossible to teach May the difference between her right and left hand, or to do what other children do. Both children are uncleanly. The people of Hurley furnished them with good clothing and underclothing, but they wear the clothing until it is filthy.

“John Hen”—“Mebbe 35.”

John Henry Davis, head of the debatable household, was called by District Attorney Traver and said he was unmarried. Belle Davis, the mother of May and Elizabeth, was his cousin and he lived in the same house and supports the household. Belle never married either. She has two children. When May was born, “John Henn” was living in the house and Belle was cared for by his mother and Dr. T. J. Bryant, both of whom are dead. “John Hen” said he did not know who was the father of Belle's two children. He was away from home when Elizabeth was born. He did not know exactly how old May was, whether she was over or under twelve, but he knew she went to school for a year or two.
May had a baby last fall, he said. She was not married then. “They tell me my brother, Luke, is the father,” he said. “How old are you?” asked District Attorney Traver. “Oh I dun’no.” said “John Hen.” “Mebbe I'm thirty-five. Perhaps I ain't that.”
“Perhaps you're not over twenty-five,” suggested Mr. Traver.
“Perhaps I ain't,” said “John Hen,” “I dunno.” “Your white hair made me think you might be older?” suggested Mr. Traver. “O, I had the measles once,” said “John Hen.” “Then I got gray hair.”

But He Votes.

“Brother Luke,” he said, lives “all over. First he's here, then he's there. I can't tell nothing about him.” “Do you know what day of the week this is?” inquired Mr. Traver. As the question was not answered, Mr. Traver repeated it several times. Finally, John Henry said it was “Saturday.” He explained that he knew all the time what day it was, but he had not understood the question until it was repeated the last time by the stenographer. He was born and always lived, he said, at Eagle’s Nest; he knew “most everybody” around Hurley and voted there.
“Who is president now?” inquired Mr. Traver. “President of the U. S.” said John Henry. “President of the U. S. now? I can't think of his name.”
“Who is governor?” inquired Mr. Traver. “I don't recollect that I heard his name mentioned,” said “John Hen.” “Do you know who is United States senator?” continued Mr. Traver. “I did hear of his name, but I forgot it,” said John Henry.
“Do you know who your town supervisor is?” asked Mr. Traver. “I forgot who is supervisor,” he replied.

Why Belle Was Absent.

John Henry said he never had been arrested. Belle, he explained, could not be in court because she had to stay home and take care of May's baby. There was always plenty to eat in the house, pork, bread and “the like o’ that,” all of which he bought out of the $2 a day wages he gets when he works.
“What do you think of May and her baby?” asked Mr. Traver. “it can't be helped now,” he said “I blame him.” Cross-examined, he said he owned the Eagle’s Nest home and had no other home. He never had asked the poormaster for assistance and did not desire help now; he was willing to bear the disgrace and try to help the others.

May Acts Sluggish.

May Davis was called to the stand by District Attorney Traver. Her answers to his questions were very faint and there was generally again a long pause before she gave an answer. Most of her answers were in monosyllables and her general appearance and attitude were at best sluggish. She said she had lived in Hurley a year and was twenty-four years old: her mother was living and her name was Belle: she lived with Belle and uncle John Henry. She said she did not know when her baby was born but knew “Uncle Luke” was the father. Asked if she knew Mrs. Leverich she nodded affirmatively and pointed to Mrs. Leverich across the table: said she had seen her at school and had gone to school three years. She could count, she said, but did not know how far. Asked if she could count to ten she
nodded her head. But she could not read or write she said. When District Attorney Traver placed a sheet of paper before her and handed her a pencil telling her to write her name, the girl without effort wrote her name clearly. She also called
correctly more than half of such letters of the alphabet as he had written on another sheet of paper. District Attorney Traver said he wanted to be entirely fair, not only to the two children but also to The People of the State of New York, whom he represented, but he did not care to go into certain details of the home life. Cross-examined by Mr. Merritt, May said she had plenty to eat at home and Uncle John treated her good. Uncle John would not let Uncle Luke come around the house and nobody else came there. She had worked for Uncle Luke about a year ago. Uncle Luke then living in another house in Eagle's Nest and on a certain occasion she remembered Uncle Luke was drunk. The girl was not examined at length. Apparently slow of comprehension at first, she answered later questions more freely and with more than a simple “Yes” or “No.”

Younger Child Brighter

Nine-year-old Elizabeth Davis was called to the stand by Mr. Traver who spoke in lowered tones to the child whose eyes at first rolled around as if she was frightened, but she answered his questions more promptly when he spoke in his usual tone of voice. She said we lived “up at the house,” had been going to school “a month,” was ten years old, and she could not read, write or count. Uncle John and Uncle Luke also lived at the house, but nobody else except “Baby Ruth.” In going to school, she always walked with Catherine Hasbrouk and her colored girl. She always had plenty to eat—meat and bread and […] and tea. Most of the child's answers were made by a shake of the head.

Belle Davis Will Testify

Mr. Traver said he would like to have Belle Davis take the witness stand before examining the doctors, and “John Hen” and his counsel promised she would appear at the legal hearing when May could remain at home to take care of her baby.

Judge Snyder on the Stand

Justice of the Peace Charles A. Snyder was called to the stand by Mr. Merritt and he had never known John Henry to apply to the town for support; he always worked when he could get it, and been law abiding, owns his property and pays his taxes. Judge Snyder said he had not signed the petition but has talked over the case with Mrs. Martha Davis and turned the petition over to her. He had been to the Eagle’s Nest house and found it clean. He had no complaint to make against John Henry.

Constable Decided Opinion

Mr. Merritt said he would call some of the other petitioners as witnesses and asked Constable Walter R. Van Demark to take the stand. Mr. Van Demark said he wanted it understood that he had not signed the petition.
“Then you are willing to tell us what the reputation of John Henry Davis is from the speech of people?” asked Mr. Merritt. “Certainly,” said VanDemark.
“What is it?” ask Mr. Merritt. “It's most bad, on every subject you can mention,” was the surprising answer. Mr. VanDemark said he had no interest in the case except as Constable to that District. Attorney Traver’s request was complied with, that the Davises should be in court. Twice he had had warrants for the arrest of “John Hen,” for failing to send the children to the school. The hearing will be continued next Saturday.

Kingston Daily Freeman

April 24, 1922

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