Davis Children are Defectives

Davis Children are Defectives

Examined first by District Attorney Tarver, Belle Davis said she did not know how old she was, that she lived “up on the hill” at Hurley and had lived there a “month or two.” The idea of time was lacking with Belle, who said she did not know how many months there were in a year, or their names, or how many days there were in a week or what the days were called. She said “John Hen” Davis and Luke Davis were her brothers, and that Luke was the father of her two children and also the father of May’s baby. Cross-examined by Francis C. Merrit, she said that Luke was not the father of May’s baby but the father was a man named Hasbrouk, and that Luke was not the father of May; that she had used Luke’s name because she did not want to make the name of the father public. The father of May, she said, was a married man who lived in Kingston, and the father of May’s baby was also a married man. Doctor Walter N. Thayer, superintendent of state institution for defective delinquents at Napanoch, said he had examined both children on March 17, the examination consisting of two parts, one of which had
been conducted by the psychologist from the Middletown Hospital, which was to determine the mental level of the children, and the other part of the examination conducted by himself which was for the purpose taking in the physical, personal, and social conditions and determining the ability of the children to function in civil life. Based on these examinations, he had formed the opinion that both children were of the imbecile type or grade. May having a mentality equivalent to a child of five years and six months and Elizabeth having a mentality equivalent to a child of four years. Neither was sufficiently intelligent to look after their own welfare or that of members of their family. On cross-examination, Dr. Thayer did not consider that the average colored individual should show the same mental level as the Caucasian, be he
considered these children considerably lower than the average colored children of their age. They had no moral sense: they were unmoral rather than immoral. They might be taught to perform the simple forms of manual labor which did not require many mental operations, but they had a one-track mind. They might be taught to perform simple household tasks but would require constant supervision and could never take responsibility. Elizabeth, after some years of training, might
become a household servant. Dr. Mary Gage-Day testified to having made an examination of both children and she called the children “mentally stupid.” From observations she did not know whether May could perform the physical act which she said she performed, the only physical act she had asked her to perform was to walk, and her walking had been normal. Dr. Henry Van Hovenberg also testified that he had examined May along the lines of physical conditions but he could not recall any specific
question he had asked her. Dr. Day had asked most of the questions. Asked whether May had answered the questions correctly, Dr. Van Hovenberg said that they had been answered principally by “yes” or “no”: the questions had been such as to be answered properly in that way but some could have been answered in another way. He did not know anything of the previous history of these children but he knew Eagle’s Nest because he had had the pleasure of practicing there. Judge Fowler said that from observation and from the testimony he
was satisfied that the children were mental defectives. The matter, however, will be held in abeyance until it can be learned to what institution they can be committed, and whether any institution will accept May and her baby which was born last December.

Kingston Daily Freeman

May 1, 1922

newspaper article