The sun. [volume] (New York [N.Y.]) 1833-1916, 1896-05-07
rs mAoIsrn1rs CoRSELL nIAssED,
Argument on the Appeal r-our EEis Co-srnit-
nnrnt of LncN Poly 60 = Protestant Hore.

mes, of Luoy Poly 60 = Protestant home.
Commodore Elbridgo T. Gerry and Lawyer
David Mcclure appeared before Judge New
burger in the General Sessions yesterday to
argue an appeal from a judgment Of Magistrate
Robert G.. Cornell in the Jefferson Market Po-
lice Court on March IL committing Lucy Poly,
IS years Did. to the House OF Mercy. The girl
was arrested In n disorderly house with Made
line Darrouny. who ls over 10 years. Both were
sent to the House OF Mercy. n Protestant Epis-
copnl institution, although they are Catholics.
Agent Barkley of the Gerry society, In
view OF this, made out commitments
in each case sending the girls to the
House " the Good Shepherd. According
to an affidavit OF Mrs. Thcresa plet of 233 Sow
enthi avenue, the Poy girls aunt, Magistrate
was much better than the Catholic one. lie
said. the nGilayit relates, that the inmates OF
the House of the Good Shepherd were harshly
treated. and that IL was very difficult for n par
ent or u relative TO see any one placed thore.
When they were allowed to SEQ the inmates the
latter were always behind bars. lie also added
that IL was very difficult to secure the discharge
OF an inmate. and that sometimes the inmates
we're kept there forever. In the Protestant in
stitutinn the inmates were not punished SO
severely.
Commodore Gerry said no was n Protestant
Episcopalian. and that there was no feeling in
The matter either against Magistrate Cornell or
the Institutions corroborated this statement.
Lawyer Mcclure said the question to be deter
1llntu WIS u purely ltkhl outs Nill WI " IN lllb
duty OF the City Magistrates in regard to the
Of children to institutions according
to their religious belief. ilo ard MIR. Gerry
maintained that the statute clearly de-
fined the duty of the Magistrates and
Magistrate Cornell exceeded HE authority
in sending the girl to the Protestant
institution. The law explicitly stated that III
Magistrate desired Ito commit a child to any in
s~titution it must be to the institution OF the re-
ligious faith OF the child's parents. Magistrate
Cornell destroyed the commitment regularly
made out by Agent Barkley in conformance
with the law and had II commitment prepared
sending her to the Protestant institution. Under
the law the appeal had to be taken to the Cen
eral sessions.
Assistant District Attorney Battle, who ap-
peared for the people. said IL was II question OF
law IA to whether the provisions of the statute
conferred upon the Magistrate any discretion in
selecting the institution to which the infant
should be committed. The position of the Mag
i-trate was to the effect that IL the parents OF
the infant. although themselves Catholics, pre-
ferrpd that the infant should be committed to
n Protestant institution, tho Magistrate had the
power to indulge their wish.
Magistrate Cornell, In his return to the Dis
trict Attorney, said that he did not tell Mrs.
plet TINT the Protestant institution was any
better than the Catholic institution. What no
did say was that the discipline was more severe
In the Catholic institution. and that ii was moro
difficult for parents and relatives to see inmates.
Judge Newburger reserved decision.