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TABLE OF CONTENTSInventory |
Guide to the Berrien's Island Supreme Court Case Records
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Descriptive Summary | ||
| Creator | New York (State). Supreme Court | |
| Title | Berrien's Island Supreme Court Case Records, | |
| Dates: | 1849-1851 | |
| Abstract: | The Records document Leonard Kirby et al's case against the City et al in the form of correspondence, affidavits, briefs, answers and an injunction. The records are arranged in chronological order as they were presented to the Court. | |
| Extent: | 1 box, .2 cubic feet | |
| Identification: | B-19 | |
| Location: | The material is located in the Archives at Queens Library. | |
Historical/Biographical Note
Berrien's Island, named after Cornelius Jansen Berrien its original European owner was situated between Long Island City and Riker’s Island. Throughout its history the island was owned by a variety of people. In 1890 the Manhattan Athletic Club purchased it in 1890. During the early 20th century the water between Long Island City and the island was filled in and the island was connected to the mainland.
In the summer of 1849 a cholera epidemic swept through New York City killing thousands of people. Soon the entire city’s pauper cemeteries were filled. A committee was formed to locate and purchase a new cemetery. A Mr. Marcellus Eells acted as the buyer for the city and purchased Berrien’s Island for $20,000 and then sold it to the city for $30,000. In the winter of 1849, some concerned citizens of the city led by Leonard Kirby sued it for conflict of interest and illegal expenditures in the purchase of Berrien’s Island. The Plaintiffs won the case and Berrien's Island was never used for a paupers' cemetery.
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Scope and Content Note
The Records document Leonard Kirby et al's case against the City et al in the form of correspondence, affidavits, briefs, answers and an injunction. The records are arranged in chronological order as they were presented to the Court.
The Correspondence is from Edwin Smith, the Special Committee's surveyor, to George F. Clarke, Special Committee Chairman. He was hired by the Committee to assess the use of Riker’s and Berrien's Island for a paupers' cemetery. In the letter Mr. Clarke describes the geography of the two Islands, the availability of dry land and the potential to use the land for cemeteries. Included with the letter is a map showing Berrien's Island and its distance from a number of homes.
The 1849 affidavit is an affidavit and an order to show cause submitted by the plaintiffs' lawyers to explain their case against the city.
The 1849 Answer to Complaints counter the plaintiffs' claims.
The 7 October 1850 Brief on the Part of Berrien, refutes the plaintiffs' charges including a recapitulation of events leading up to the case. The lawyer explains the committee and its mission, Newtown's law prohibiting the creation of cemeteries near populations and New York City's right to purchase land outside its borders.
The 7 October 1850 City's Brief refutes the plaintiffs' charges on the part of the city. The Brief covers the same charges with the same explanations as Berrien's brief. Included in the brief is a Committee report discussing various islands and the possibility that these islands could be used for a cemetery.
The 7 October 1850 Complaint explains the charges against the defendants.
The three affidavits are from the defendants -the Committee members, Marcellus Eells and Ezra N. Berrien. The three defendants refute every one of the plaintiffs' accusations. However, the three do contradict each other.
The injunction series contains the injunction stopping the City from proceeding with its plans.
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Administrative Information
Preferred Citation
Published citations should take the following form:
Creator of item, date of item (if known), identification of item, if a
photograph its control number. The Berrien's Island Supreme Court Case Records,
Archives at Queens Library, Queens Borough Public Library.
Provenance
Unknown
Access Restrictions
Open for research without restrictions. Manuscripts are only available in the Archives at Queens Library, please call (718) 990-0770 for hours. Manuscript users will be required to complete the division's Manuscript Usage Form and deposit their photograph identification or Queens Borough Public Library card with a staff member. The identification will be returned to the user after she/he has returned the material. Manuscript users will deposit all their personal items behind the reference desk. Manuscript users must use the division's loose sheets of paper for note taking. To reiterate, no pen of any type is permitted. Paper and a pencil are available upon request. Manuscript users may be required to use special handling procedures depending on the conditions of the material.
Use Restrictions
Permission to publish materials must be obtained in writing from the:
- Archives at Queens Library
- Queens Borough Public Library
- 89-11 Merrick Boulevard
- Jamaica, NY 11432
- Phone: (718) 990-0770.
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Access Points
Subject Topics:
- Actions and defenses
Subject Organizations:
- New York (State). Supreme Court
Subject Places:
- Berrien's Island (N.Y.)
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Inventory
[The following section contains a detailed listing of the materials in the collection.]
