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Obituary of James Andrew Delehanty (1878-1960)

New York Times, April 27, 1960 and Related Documents

 

Campaign ad for James A. Delehanty in the New York Times, 6 Nov 1916.  Copyright New York Times Inc., all rights reserved.

 

 

     Here we present a number of items on our grandfather John Delehanty's elder and slightly more prominent first cousin.  Born in Hydeville, Vermont, eight years before our John and a few miles south of John's birthplace in West Castleton, James Andrew Delehanty lived rather a different life than his younger cousin.  Passing up the opportunity to travel out West and work in its silver and lead mines for pennies per day, clouds of toxic mine dust clogging his lungs, he opted instead for law school, at his father James's expense, becoming not a miner, a laborer, a soda salesman, or a truck farmer, but a prominent New York City attorney.  He also lived to the ripe old age of 82.  Our John lived almost exactly half as long.  (Right: James Andrew Delehanty in 1947, age 69, from the New York Times, 27 April 1960)

     We imagine that they knew each other pretty well as kids, though by the time John, at age 15, came under the legal guardianship of his Uncle James (Oct 1902), James Andrew, age 24, had already spent several years in Manhattan, where he lived the rest of his exceptionally eventful life.

     We begin with his New York Times obituary, followed by a number of other items illustrating the types of cases he was involved in -- and he was involved in some pretty amazing cases.

     One of the most important things we've learned from all this is that James A. Delehanty was a man of impeccable integrity -- a virtue that we good reason to suspect was instilled, in large measure, by his father James, who displayed the same attribute throughout his life.  Integrity was evidently a virtue also shared by James's other children, including his son Dr. Nicholas J. Delehanty and his three daughters who became Catholic nuns and helped to co-found Trinity College in Bennington VT.  We further suspect that this virtue was also passed on to our grandfather John Delehanty -- not by his father Mathias, who we doubt shared it, but by his Uncle James.  We suspect that John absorbed the lessons of integrity not by explicit instruction, or by the wagging fingers of adults, but by observing very carefully the world around him.  James succeeded in business and Mathias failed.  James was a man of integrity and Mathias wasn't.  The lessons would've been pretty obvious.  That's our strong sense, anyway.

     Many thanks to Peter Patten for sending us this obituary, and to Joe Doran of Hydeville "as he found it on his pay/search NY Times thingy."  Thanks Joe!
 

 

James A. Delehanty Dead at 81;

Ex-Surrogate, Lawyer for 61 Years

______________________________________________________

Presided at Police Trial in Bribery by Gross Aided Lieut. Becker Prosecution

______________________________________________________

     James A. Delehanty, former surrogate who presided over a long Police Department trial that ended in the dismissal of twenty-three patrolmen in 1953, died yesterday of a heart ailment in St. Luke's Hospital.  He was 81 years old and lived at 120 East Seventy-ninth Street.

     Mr. Delehanty retired as a Surrogate of New York County on Dec. 31, 1948, having reached the mandatory retirement age of 70.  He then became counsel for the law firm of Vaughan & Lyons, 70 Pine Street.

     Sixty-one years a lawyer, Mr. Delehanty had won early a reputation as a prosecutor and a General Sessions judge.  As an assistant district attorney, he helped to prosecute the killers in the famous Herman Rosenthal murder case in 1912.

     An austere-looking man with silvery hair, he was regarded by colleagues as a person of absolute probity.  He invariable wore a stiff white collar and pince-nez and meted out stern but equitable justice.

Deputy Police Commissioner

     It was this kind of devotion to legal principle that led to his appointment temporarily as Third Deputy Police Commissioner to conduct trials of policemen accused of taking bribes from Harry Gross, the bookmaker.  Police Commissioner George P. Monaghan dismissed the twenty-three policemen in 1953 after a six-months' departmental trial, which produced evidence that they had been taking graft from Gross.

     James Andrew Delehanty was born in Hydeville, Vt., on August 3, 1878.  He received his LL. B. degree from New York Law School in 1898 and his Master of Laws in 1899, when he was admitted to practice.  He was secretary to the late General Sessions Judge Thomas C. O'Sullivan from 1906 to 1910.

     For the next five years he was an assistant district attorney under District Attorney Charles S. Whitman.  In this capacity, he helped to prepare the case against Police Lieut. Charles Becker, who was accused of helping to arrange the murder by four thugs of Herman Rosenthal, a notorious gambler.

     Rosenthal was shot to death on the sidewalk outside the Metropole Hotel on West Forty-third Street on July 16, 1912.  The four gunmen bore the colorful nicknames of Whitey Lewis (Jacob Seidenshiner), Dago Frank (Frank Cirofici), Lefty Louie (Louis Rosenberg) and Gyp the Blood (Harry Horowitz).

     They were executed at Sing Sing Prison on April 13, 1914.  Lieutenant Becker, convicted of complicity, was executed July 30, 1915.

     The prosecution set forth that three gamblers, Bridgie Webber, Jack Rose and Harry Vallon, had conspired to hire the four to kill Rosenthal.

     After District Attorney Whitman was elected Governor, he appointed Mr. Delehanty in 1916 to fill a judgeship vacancy in General Sessions.  Running for election as a Republican and Reform candidate, Mr. Delehanty was defeated by the Tammany Hall candidate, John P. McIntyre.  He lost a court suit in which he said that the ballot boxes had been stuffed by Tammany adherents.

     Mr. Delehanty resumed law practice and lectured at Fordham University Law School in 1917-1918.  During World War I he served as assistant alien property custodian.  He then became a law partner of John A. Loughran, who later became Chief Judge of the Court of Appeals.

Appointed by Lehman

     Gov. Herbert H. Lehman named Mr. Delehanty as a Surrogate of New York County in January, 1933.  The next November, Mr. Delehanty was elected to a full fourteen-year term as a Tammany candidate endorsed by the anti-Tammany fusion harmony committee.  At the expiration of that term in 1947, he was re-elected with Democratic, Republican and Liberal party support, although he had only a year to serve before reaching retirement age.

     Mr. Delehanty belonged to the Association of the Bar of the City of New York, the New York County Lawyers Association, the American Bar Association, the Surrogates Association of the State of New York, the American Irish Historical Society and the Friendly Sons of St. Patrick.

     He leaves his wife, Elizabeth J. Schaefer Delehanty; three daughters, Mrs. Liam O'Connor, Mrs. Jeremiah P. Lyons and Mrs. Paul J. Weaver, and three grandchildren.  his son, Ambrose J. Delehanty, died in 1954.

(foregoing and below copyright New York Times Co.  Click on image to view full text)

      

Above: West Castleton and Hydeville along Lake Bomoseen, Rutland County, Vermont. Source: U.S. Geological Survey, 1893, UNH Dimond Library http://docs.unh.edu/nhtopos/Rutland.htm 

Below:  The Hatch House, James Andrew's boyhood home, about a half-mile north of Hydeville along the Creek Road.  Photograph via the kind courtesy of Vy Manovill.

 

     James Andrew Delehanty was also active in the fight against trafficking in drugs like cocaine, as shown in many newspaper stories, like this one: 

 

 

The New York Times, January 17, 1913
___________________

NEW COCAINE BILL ADDS TO PENALTIES
___________________

Provides 7-Year Term for Sale or Possession by Unlicensed Persons---One Year Now
___________________

5 OUNCES TO A DRUGGIST
___________________

Who can Sell Only in Solution, and Doctors Cannot Keep More Than One Ounce---Approved by Many
___________________
 

     A bill making the sale or possession of cocaine by any unlicensed person in this city a felony, punishable by seven years' imprisonment, has been prepared by Assistant District Attorney James A. Delehanty, and, having received the indorsement of two Judges of General Sessions, as well as many doctors and druggists, will be introduced in the Assembly next Monday or Tuesday.

    
This bill was drafted at the urgent request of those who have been waging a war against the unlawful sale of cocaine, and was indorsed by Judge Edward Swann of General Sessions after it became apparent that the present law was ineffectual in putting an end to the traffic. In order that no part of the bill might be found unconstitutional, Mr. Delehanty submitted it to Judge Otto A. Rosalsky in General Sessions, who passed on it and said that the drafters of the bill need have nothing to fear on that score.

     The bill is indorsed by Clarence A. Bigelow of the State Board of Pharmacy, Dr. H.C. Lovis of the firm of Seabury & Johnson, manufacturers of chemicals at 59 Maiden Lane; Thomas F. Main, President of the wholesale drug firm of Tarrant & Co. At 164 Chambers Street; W.J. Schieffelin of Schieffelin & Co., manufacturing chemists, and one of the oldest firms in the United States; Frank Holliday, general agent of the national Wholesale Druggist's Association; Father James B. Curry of St. James Rectory, 23 Oliver Street, and Dr. Brooks H. Wells, President of the County Medical Society. A copy of the bill has been sent to District Attorney James C. Cropsey of Kings County.

    
Father Curry says that he considers the bill a great improvement on the old law, which, while it made the sale of cocaine a felony, established a punishment of not more than one year in the penitentiary or a fine of $5,000. Father Curry said that he believed it was a great improvement over the old law, also in that it struck directly at the wholesaler and unscrupulous doctor. The present law was passed in 1907 and was amended to make possession of cocaine a misdemeanor in 1910.

    
The bill drafted by Mr. Delehanty not only makes the sale of the drug a felony and possession of it by an unauthorized person a felony, but even goes so far as to make it a misdemeanor for any licensed druggist to have more than five ounces of cocaine in his store at any one time. The punishment is made seven years in prison for the felony charge, and one year in the penitentiary and a fine of $5,000 under the misdemeanor section.

    
In limiting druggists to five ounces of cocaine the bill further states that they shall keep the cocaine in one place and shall also keep a record of every sale and cannot sell flake or crystal cocaine free, but must put it in a solution or ointment which shall not contain over 4 per cent cocaine. The bill also provides that the druggist shall keep each prescription for cocaine solutions offered and shall not refill the prescription. The bill also limits the sale of a solution to one ounce bottles.

    
The bill provides that doctors, dentists and veterinarians must not keep more than one ounce of cocaine in their possession at any one time, and must keep a complete record of any disposition of the drug. They must also have their books opened to examination at all times. The bill provides as follows:

    
"It is made presumptive evidence of an illegal sale if the amount shown by the amount on hand, plus the amount legally dispensed with, does not tally with the amount shown to have been purchased by the retailer."

   
 The failure to abide by this section is made a misdemeanor.

    
In attempting to stop the sale of the drug in large quantities by wholesalers the new bill provides that the wholesaler must keep a complete record of the sale of every ounce of cocaine. This record must include the name of the buyer, his occupation, and the amount purchased. Provision is also made for an inspection of these books by the Board of Health, agents of the County Medical Society, and regular members of the police force. It is also required that at the time of the purchase the retailer must tell where the cocaine is to be kept, so that it can be easily traced. Failure to abide by any of these regulations is made a misdemeanor.

     The bill also provides that in cases where a person is clearly shown to be a user of the drug the Judge shall use his discretion in passing sentence. It also provides that each package of cocaine shall bear a serial number while in transit, and that all provisions of the law must be fulfilled within thirty days after passage.


(copyright New York Times, Inc.  Pasted from www.druglibrary.org/schaffer/history/e1910/newcocainebill.htm

 

 

       In fact, a search for "James A. Delehanty" on the "pay/search NY Times thingy" reveals exactly 1,375 items from 1899 to 1960 containing that phrase. 

       Here we list them all in chronological order, beginning on Jan 1, 1899.

       Just kidding.  But there are some good ones.  For example, here's the New York Times's 15 Oct 1916 endorsement of James A. Delehanty for General Sessions Judge:

 

(Thumbnail; copyright New York Times)

 

      And here's an ad that appeared three weeks later, on 6 Nov 1916, supporting James A.'s candidacy:

  

(Thumbnail; copyright New York Times)

 

     This guy really was a big wheel!  And, by all appearances, an ethically upstanding one.  A genuinely honest judge, in the days of Tammany Hall.  There's a deeper story here that we need to ferret out.

      It also strikes us that if James Delehanty left any kind papers behind -- and its hard to believe he did not -- it would make a lot of sense to leave them with James Andrew.  Might they still exist?  If so they might be in the possession of one of his children or their families.  Anyone out there listening?  Anyone got an old box in the attic relating to James Delehanty or James Andrew Delehanty?

     In this vein, we thank a friend who sent the following about James Andrew Delehanty's children and family:

 

I have the obits of all of James Andrew's children
except for his daughter Elizabeth, also have his
wife's and one of his son-in-law's. Some members of
this family were living in Spring Lake New Jersey as
late as the mid 1990s but think their main residences
were NYC.  So far my research has shown that James A.
Delehanty(1878-1960) and my gr gr uncle, Thomas F.
Devine were very likely political cronys. I found a NY
Times article in which NYC's DA, an Edward Swann, was
furious with my gr gr and James accusing them of
plotting together to run him out of office. My gr gr
was an active member of the NYC Progressive Republican
Party and he was apparently trying to get James
Delehanty to change from Democrat to Republican so he
could run against this Edward Swann.

My interest is to learn more about my gr gr uncle
through the political activites of James A. Delehanty
and to learn more about James A. Delehanty's wife,
Elizabeth Schaefer Delehanty who may be connected to
the German side of my family. I did attempt to find
present day descendants by combing through the white
pages but got nowhere.

 

------

 

In this email I'm sending you 4 obituaries, James'
wife, 2 of his daughters, Isabel Lyons and Alice
Weaver, also Jeremiah Lyons, husband of Isabel. Think
they're all from the NY Times. His wife died in 1963,
Jeremiah, I think in 1978, his daughters in 1993 and
94.

The Isabel Lyons one is in the middle of the page.
Alice Weaver's is to the far right.

I have had the same opinion of J A Delehanty, that he
managed to usually stay above the fray except for his
run in with NYC's DA. He would only have been in his
30s then so perhaps that was a learning experience for
him.
 


 

1.  Obituary of Elizabeth J. Shaefer Delehanty, Widow of James Andrew Delehanty, New York Times, July 2, 1963.

Mrs. James Delehanty.  Mrs. Elizabeth J. Schaefer Delehanty, widow of James A. Delehanty, surrogate of New York County from 1933 to 1948, died Saturday in Fitkin Memorial Hospital, Neptune, N.J., after a long illness.  She was 82 years old.  Mrs. Delehanty lived at 301 East 47th Street and in Spring Lake, N. J.  Surviving are three daughters, Mrs. Liam O'Connor, Mrs. Jeremiah P. Lyons and Mrs. Paul J. Weaver, all of New York and Spring Lake; three grandchildren, and one great-grandchild.


 

2.  Obituary of Jermiah Lyons, the husband of Isabel Delehanty, the daughter of James Andrew Delehanty and Elizabeth Schaefer Delehanty, New York Times, July 19, 1963.

Jeremiah Lyons, Lawyer, Once Aid to Surrogates.  Jermiah P. Lyons, a lawyer here for more than 35 years, died Wednesday in Lenox Hill Hospital.  He was 63 years old and lived at 301 East 47th Streeet.  Born in New London, Conn., Mr. Lyons attended Rhode Island State College and received his law degree in 1926 from Fordham Law School.   He had been a partner in Vaughan & Lyons, a law firm at 70 Pine Street, since 1943.  From 1935 to 1943 he was law assistant to the Surrogate's Court of New York County.  He is survived by his widow, the former Isabel Delehanty; and three daughters, Mrs. Paul J. O'Neill Jr., Isabel Bradley Lyons and Cornelia Hackett Lyons; a brother, John, and a sister, Mrs. Hugh McDonnell.


 

3.  Obituary of Alice D. Weaver, daughter of James Andrew Delehanty, New York Times, June 23, 1993.

WEAVER--Alice D. (nee Delehanty), of New York City and Spring Lake, NJ, died on June 20, 1993 at Jersey Shore Medical Center, Neptune NJ.  Mrs. Weaver, widow of Paul J. Weaver, was a daughter of the late Hon. and Mrs. James A. Delehanty.  Judge Delehanty was a surrogate of New York County from 1933-1945.  Mrs. Weaver was Head Librarian of Rare Books and the History of Medicine at the New York Academy of Medicine from 1953 until her retirement in 1979.  She is survived by two sisters, Elizabeth D. O'Connor and Isabel D. Lyons, both of Spring Lake.  Contributions in her memory may be made to the New York Academy of Medicine.


 

4.  Obituary of Isabel Delehanty Lyons, daughter of James Andrew Delehanty, New York Times, May 8, 1994.

LYONS--Isabel Delehanty, of Spring Lake NJ, who passed away on May 6 at her home.  Isabel was a lifelong resident of N.Y.C., summering many years in Spring Lake prior to moving there in 1987.  Devoted wife of the late Jeremiah P. who passed away in 1963.  Jeremiah was a partner in the law firm of Vaughan and Lyons, N.Y.C.  Beloved mother of Sara L. O'Neil, NYC and Spring Lake; Bradley L. Hundley, Dallas, TX and Brielie, NJ; and Cornelia L. Bonhog, Cranford, NJ.  Also survived by one sister, Elizabeth D. O'Neil, Spring Lake, five grandchildren and one great grandson.  Loving daughter of the late Mrs. and Mrs. James A. Delehanty.  James was the surrogate of New York County from 1933 to 1948.  Funeral services Tuesday, 8:15 A.M., Meehan Funeral Home, 555 Warren Ave, Spring Lake Hts NJ.  Mass of Christian burial 9 A.M. St Catherine's RC Church, Spring Lake.  Interment St Catherine's Cemetery.

 

 

 

 

St Catharine's Cemetery, Sea Girt, NJ

Final Resting Place of James Andrew Delehanty and Family

 

The following graves and headstones can be found clustered together in a section of Saint Catharine's Cemetery, Sea Girt, Monmouth County, New Jersey, as shown in the document of the same name, Part 5, p. 195, kindly contributed to the USGenWeb Archives by Raymond Martin <shurgun@comcast.net>

 

James Andrew Delehanty, 1878-1960
Elizabeth Schaefer Delehanty, 1880-1963
Ambrose James Delehanty, 1902-1954
Ruth Delehanty Cavanagh, 1908-1956
Jeremiah Patrick Lyons, 1900-1963
Isabel Delehanty Lyons, 1912-1994

 

source:  http://ftp.rootsweb.com/pub/usgenweb/nj/monmouth/cemetery/stcatharines05.txt, accessed Sept 2007.

 

 

Finally, on the website for Harvard Law School Library of Harvard University we find a reference to correspondence from Liam O'Connor regarding his father-in-law James A. Delehanty, in the Papers of Austin Wakeman Scott (1884-1981), Item No. 12-16 Miscellany -- whatever the blazes that might be.

 

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