Legal Opinion

In re Donohue

New York Supreme Court

Decided November 15, 1876PublishedCited by 5 opinions

Joseph Donohue, and Henry and Alfred T. Ellis, boys, of the respective ages of fourteen, nine and eight years, were brought before thd Recorder of Poughkeepsie, on a charge made by the New York Society for the Prevention of Cruelty to Children, of being employed as gymnasts and ’acrobats.

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Joseph Donohue, and Henry and Alfred T. Ellis, boys, of the respective ages of fourteen, nine and eight years, were brought before thd Recorder of Poughkeepsie, on a charge made by the New York Society for the Prevention of Cruelty to Children, of being employed as gymnasts and ’acrobats. At the same time, their master, Alfred Smith, and John H. Murray, the proprietor of Murray’s Circus, were arrested, charged with exhibiting, using and employing these boys as gymnasts and acrobats. Upon their examination before the recorder, the facts charged against Smith and Murray were proved, and they…

1Opinion of the CourtWestbrook, J.

The children, whose custody this proceeding involves, are confessedly of tender years, and were, when the order committing them to the care of the society was made, employed by the relator, Smith, as acrobats ; and if they are again committed to his care, they will doubtless be used for the same purpose, as he claims they are regularly indentured to him for that object.

Chapter 122 of the Laws of 1876, entitled “ An act to prevent and punish wrongs to children,” makes the use, employment, or exhibition of children under sixteen years of age, by any person, for any such purpose as Smith has…

2Cited by5 opinions

  1. In re Kemmler, New York County Courts1889
  2. People ex rel. McLoughlin v. WilsonNew York Supreme Court · 1895
  3. People ex rel. Martin v. WaltersNew York Supreme Court · 1885
  4. People ex rel. Zeese v. MastenNew York Supreme Court · 1894
  5. People ex rel. Kemmler v. DurstonNew York County Court, Cayuga County · 1889

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