The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1856-12-07
Surrogate's Court.
PROBATE or HENRY PARIsH's WILL.

Before A. W. Bradford
Nov. determination Of William Youngs con-
tnued-When ] presented my bills to Mr.. Parish
and desired my pay, l would read them to HIM
item by item, and explain to him what they
were; the reason came to read them to him was
that be pointed to me and then to the BILL it laid
upon the table; asked Mr.. Parish If he wanted me
to read it, he nodded his head, yes, and read it, in
several instances he stopped me while was reading,
by motion Of the head, and would explain to him
about it; after my explanation he would nod his.
head and when got through he nodded to Mrs
Parish, and she gave me check; had no doubt
that Mr.. Parish understood all said to him; I
thought he always understood me as well as he
ever did before hs attack.
Witness cross examined Before Mr. Parish;s at
tack Mrs. Parish was frequently at his house in
Union square, both with and without him. Q. Did
you ever see Mr.. Parish read anything? A. He took
my bills and held them up before him; don't know
whether he read them not; ne seemed TO me to he
looking at the amount OF the bills at the foO.-the
gross: | have been frequently left alone with Mr..
Parish, from fifteen to twenty minutes at time. O.
How often did happen that you left alone with
him more than just sufficient time to send for Mrs.
Parish A. Mrs. Parish would sometimes 90 out OF
the room and leave me talking to Mr. Parish; she
would be in and out of the room two three times
there; / have no doubt that have been left alone
with him longer than sufficient to send for Mrs.
Parish fifty times.
Nov. 2s.-Luther Bradish, witness for prepayment,
being duly sworn, testified reside at No. SO East
Sixteenth street; am "a years old; was acquainted
with Mr.. Parish previous to bis marriage and until
his decease; visited him several times after his
attack one of those visits was in the early part of
November, 1868; Mrs. Parish stated TO me that Mr..
Parish desired TO learn something of the enterprise
on which the American Bible Society was then Gu
gagged IN erecting lta Rih1A Hnuao n Aato
place; proceeded to state the nature of the enter
prise was seated near to Mr.. Parish at the time,
and he apparently listening attentively to my state
ment, that the object Of the society was to accom-
pish the purchase Of the site and the erection of the
building without using any portion of the ordinary
funds OF the s0ciety-by ordinary funds mean
those contributed for printing and circulating the
Scriptures-that to assure this the building commit
tee, OF which was Q member. had thought it pru-
dent to obtain special subscription to some extent
we had done this to the amount Of about $55 900:
that this with the place Of the building which would
have portion of it not used Immediately by the so
ciety, to be rented leased the rents arising from
that portion Of the building, together with the
amount OF the special subscription, would provide
for the payment Of portion OF the debt, and would
so reduce the debt that the rents would provide for
the payment of the interest upon the remaining part
Of the debt, and leave considerable surplus to he
applied to sinking fund for the final extinction Of
the debt At this time Mr.. Parish was asked by
Mrs Parish if he desired to contribute to this object;
he indicated very clearly the affirmative. This in
dication was in sound, which some might take for
yes, although not very clearly articuated but main
~ by expression and gesture, but clearly as to
leave me in no doubt to his assent or Affirmative
answer TO Mrs. Parsh's question. He was 6en osk-
ed by her how much he desired to contribute. She
asked if he desired to contribute, and named
one or two thousand dollars don't recOliect pre-.
cisely the sum she named. To this question he in
dicateda decided negative, shaking of the head
and making sound which by some might be taken
Tor no, but 1t was not very clearly artculated she
then named larger sum, to whi;n he seemed to OBJ
ject by the same negative indication as before; she
frally named five Thousand dollars, to which he
evidently assented, by the same sound which
might be taken by some as yes, but as l said
before 1t was not very clearly articuated, but there
was an expression which left upon my mind no
doubt that he understood the question: and ntea
to answer 1t in the affirmative. / then asked the
question whether he would prefer that this five
thousand dollars should be applied to the general
funds OF the society, which were employed in the
printing and circulation of the Bible or 70 the puid
ing Juno, which was specially devoted to the cree.
ton Of the building; to the first question he ind
Gated negative; to the latter he indicated an afir
NATIVE These questions we're put to hin separately
and the answers separately ndIcated the check for
five thousand dollars was then drawn by Mrs. Parish
al my suggestion, directly to the order of the
treasurer OF the society, VIM. Whitlock Jr he pro-
posed TO make il TO my order, the check was
then hs nded TO Mr. Parish by Mrs. Parish: he appa-
iently read It. looked at IL, examined it-apparentiy
read IT; he held IT before his eyes, he then handed
III.
cation that IL wss right, with motion of the head
and sore sound don't recollect exactly but there
was every expression that he gave his assent to she
correctness OF the check; then gave al acknow-
ledgment OF the receipt Of the cheek, declaring its
purposes the receipt now shown to me and the
check are the papers in question q. From your
observation OF Mr. Parish, and your intercourse with
him, what, in your opinion, was the condition his
mind and understanding at the time you saw him
after his attack A. " is difficult TO determine
with precision the mental condition of person de-
prived OF the power Of speech yet there are means
besides speech by which intelligence may be mani
tested 40 clearly as to leave little doubt; such
think have perceived in regard to Mr.. Parish in
the various interviews had with him subsequent to
his attack. At these interviews, aud from the ndi-
cations | saw at these interviews, il is my opinion
that Mr.. Parish was capable OF understanding and
did actually understand what said to him; what
was said to him that he was capable Of asserting to
or dissenting from In any matter proposed TO him his
expressions OF affirmation and Of negaton, were
very strong, very marked, very decided, generally
indicating intelligence and judgment, or decision.
q. Was the habitnal expression Of Mr. Parish's face
after bis attack, one Of sadness?-A. Not uniformly
SO have seen him after his attack when the
expression OF his face wore nothing OF sadness or
very Titles for instance, in being first accosted by
fiiend the expression OF his face would be that OF
pleasure notwithstanding Of sadness; so in a
pleasant conversation the expression Of his face
wondwfa nothing Of sadness but appear agreeable;
can only answer as TO the occasions saw him, and
en- those occasions the expression was sometimes
that Of sadness at Others 1t was not.
Nov. 29.-James G. Fisher, witness for prepayment,
being duly sworn, testified-I live at l6l Stanton
street; am tbirtysix years old; my business Is tia.
OF sick gentlemens nurse frst knew Henry Parish,
deceased, in July, lsi9; vent to attend him as
nurse by request of DIR. Delafeld found Mr.. Pa
rish In bed very sick; discovered he could not
speak; told Alr. Parish when he wanted certain
tces TO make peculiar motonfor each, which he
did very readily; his yes was not perfect yes; he
would say ooh, dear y three times successfully when
suffering from pain in the right side he would ais,
take my baud and put II on his right side and com
nence TO rub; would continue 20 rub until he was
ieliev ed and would take my hand away; Mr.. Parish
rose from six TO seven o'clock, breakfasted
at eight; then by his direction | would
read the papers 70 him; he would hand me
the Courier and Enquirer to read IL TO him, after
which he would sometimes read IL himself for
some time after that he would sometimes point TO
the library door leading out TO the stable I would
ak him u IL was message 70 the kitchen or stable
TO my question as 10 the kitchen he would shake his
head in the negative I: would then ask Mr.. Parish
il he wanted Edward Clark the HIM n which