The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1856-07-04
THE PARISH WILL CASE.
Surrogatc's Court.
Before A. w. Bradford, Esq.

menced dealing with me in the fall Of ls4s before his
attack, he made practice OF coming 70 market himself
O. After his attack did he come TO marke A. Yes, sir,
he began 10 market himself again, some four,
Ave months after his attack; he generally had
Young man or waiter with him. q. State the man
ner Of his coming, and what was the course of
things when he came 10 your market amer his attack
A. During the time he came foot, young man had
him by the right side he would generally fetch him in
the market set him down chair; generally used
take chickens birds mutton beef lamb, and various
articles up to him as the chair used to say,
sMr Parish do you like that he made sound, raising
his LEFT hand and shaking his head sometimes laeray,
and sometimes vertically he would sit there sometimes
half an hour tho people the shop fetching him various
things look all that mo, except such spare time as
we had 10 wait other customers; never could md
out rightly wha, to sead him would send him round
birds chickens, duck and whatever We thought no had
send back What she didn't want during the summer
months from about the middle Of October as can
remember he generally came IN carriage accompanied
country Hegate suppose 1t would be between
and eleven A. NJ when they would come to the door
they generally four times week; they droyeto
the door used TO take the order book, which we
keep the market to the carriage holding in my hand
TO write down any article which they might requre;l gen.
ersl,v went myself to the carriage generally used
ask him and her both, they sat in tho carriage, whe
ther they would this and tina, article he would then
GENERALLY make motions with his head ana hand TO the
articles would take them out accompanying hesc
motions with his voice pretty much the same as before
only he would make his head go down; Mrs. Parish
would generally put her head the carriage and tell
send down such and such articles. O. When they
the carriage, did thcy ever take the articles with
them A. Yes sir, sometimes Q. Did they then keep
the articles sent in the carragey A. sometimes, and
at other times half the articles sent back O.
What did YOU discover if anything as to any choice
by Mr. Parish in respect the articles you showed him?
A. We used to take them out moro &c please him than
anything else; eneyer could tell what articles he did
choose in particular at all Did youeyer notice any
roughness the part Of Mr. Parish towards Mrs Parish,
in the carriage when they at your market getting
things A. on one or two occasions when they have
heen there for marketing, when he would order the
driver to drive on drive aws the moem' ae m sg
try catch hod OF her by side of her hat she sad
"Michael, 60 on, to the man IN front q Did MI "a
rsh when he 10 the market on foot ever sit there
after the marketing was done: A. We never
could tell when he was through; he would sit
there till the waiter would take him away.
O. lid he make any sound frcm his mouth which
was seemed 10 you 10 be, any wordf A. Nothing
but tina, sound you heard from his throat. CThe
witness here made sound in his toroat, which the
Surrogate could not describe) From what you saw
and heard him what did you consider the state Of bis
mind all the time you knew him after his attack A.
hardly know how 20 answer that question; ! never
could make him understand anything at all-of course
could not tell what he thought Q. When Mr.. Pa
riSh cane on ioN are you CERTAIN mat .ne
young had him by the right sideg A. Yes, sir,
always when noticed him coming. q Did he not take
Mr.. Parish by the left side, A. never saw him; he was
generally the inner side OF the walk and Mr. Parish on
the outside you come up Broadway on the right hand
Give the question a. near AZ you can now recoect
IT. that you in the habit OF putting TO Mr. Parish in
reference to the articles in your shop A. He used 70
the chair had placed for him there and
would up articles TO him. and used TO ask him if
he would have them; used TO hold them up in our
hands and say, "Mr Parish, will you have those O.
Have you given the usual form OF your question: A.
That the general way we used 10 go 10 him. u
Before you sent the marketing home 10 Mr.. Parish,
was your practice to enter them in any book boo<sS
A. Yes, sir, under the dates. U When articles
we're returned, dd you enter them IN any book
when the book returned Mrs Parish had crossed OF
the articles which might be returned O. From your OBJ
servation did Mr. Parish comprehend you, was the
difficulty in your comprehending himf A. could not
tell whether Mr. Parih understood not; never
could C prehend him.
Iarect examination resumed-Q. When you said, "Mr.
Parish will you have these and he made the motions
You have spoken Of did YOU ask ANYBODY else what he
he wanted Mrs Parish when she came in the carriage
q. When these things which you bad sent home In the
carriage sent back did you ever have any CONVEX
sauon with Mrs. Parish about sending them back A.
Nothing moe than she would generally lean her head
over lie carriage tel 70 send them. O Did
hc ever say anything you about the meaning OF his
motions and gestures A. She said must not send the
article for Mr. Parish did not know what he wanted.
Who paid your bills before the attack A. Mr. Parish.
q Who paid them after n. Sometimes one OF the Mes
sieurs Dcafeld would fetch check, andl sometime.
would so to the house and get check from Mr. Parish
Cross examination by Mr.. Cuttng.-Q. When you gave
your last statement 10 what Mrs Parish said do you
mean 10 be understood giving her exact wordss A.
think those her exact words, so far as can recoi
let. a. VIII you say that the words were not these
I" Mr. Parish did not know what was wanted !! A. sue
never said that heard her say that q. In what
month and year did Mrs Parish speak you have satcg
A. don't know she has frequently spoken to me 50,
while be was sick-in 1853, for one q. Did you make
any memorandum IN writing Of what she saidR A No,
sir. q 10 you depend entirely your own memory,
unaidcd by any one anything in repeating her Ian
guage. A. Yes. sir: the why IS distinct IN
my mind H. that frequently told the not to send
things until Mrs. Parish gave the orders or the waiter
for the things after he had taken Mr. Parish home.
q. Relying upon your memory, do you now say that
you the words Of Mrs Parish the substance
Of these words, you now remcmbcry A, could not
say they are the cxsc, words but nigh my memory
serves Inc they are just as she spoke H.
Theodore Austin, being sworn, sad--I am in the
poultry business in the Washington Market New York;
am twenty five years Of age knew Henry Parish for
about twelve years before his Death both before aud
after bis attack he was customer Of NINE in my busi.
uifsrA E44ar hnfO MT
he nj place a business perhaps three four
times a week while living IN BARCLAY street when be was
10 town. be would stay at my stand and talk some mi
nu,cs aud then would walk With him about the market
TO gather up anything extra new m tho market to suit
his taste q Before his attack 90 be taSe or show any
interest you, in your anarsl A. lie told me, in
cholera season, In 1sio, believe, coming nom Rocka.
way that he thought there was business in Wall street
that would be nicer and pay me better than arke'ng
There three gentlemen with him, who called him
away; this the South ferry boat; had
come down together IN the cars; ] saw OF him;
AZ we came OF the boat, he went way and I the
other after that do not remember whether saw him
again until saw him Al the market in his carriage after
the attack q Was anything said by him 70 you before
his attack, about tho mean. Of carrying on that Wall
stree, business A. lie mentioned place in some in
Eurance Or bank-no particular ono that remember. q
Amer the attack, Nr. Parish occasionally al your
place il Washington market A. Mrs. Parish cameto my
place, but Mr. Parish never out Il Ms carriage. "
Please state what was The usual course between you and
Mr. and Mr. Parish those occasions A. Mira Parish
the nrst time that he came down, told me that Nr
Pargh out In the carriage, at the side d the market
says !, " | would like 10 see him viii take some
thing oli that he used 70 se showed her the articles
was gong 10 tasc out, she told me not 10 A.e the
CANVAS but 10 take he red heads a. he could not tell
the difference aud woodcocks had she said they
high, 70 carry him sniIe that world
cheaper took them ont 20 his carriage and spoSe TO
him be looked NJ me, after speaking 10 him about two
or three tmos held Up IN my hand the birds, for aim
70 pick what he wanted lie took his cane aud be
rurricd il around, and he scared ! stepped back
from the carriage door then stepped up and tried 10
make him understand he could not understand me- and
went back 20 the market again; Nrs. Parish bought
what she saw IT. seni ont 70 the carrage after thai
they came down again a week two, carried out
the things that she bought also carried different
Kinds u birds bad 70 let him pick out any, he could
could make him understand eft what she bought
Ct in market am ahead of my story also tried to
talk with ard shake hands with him; he smiled and
made noise IN his throat and then he would be very
mad st me, apparently; ] went IN The market; all
ny transactions with him, when she was down
with him, similar; until this winter no
started 10 come down TO market and was taken
~, and they carried him back home again: Mrs
Parish and bought Of and OF others
also, mutton, &c; sent ont or carried II out myself
70 the carriage until the last time she was there sh
gwAr Frw 30 A.