Historic Pelham

Presenting the rich history of Pelham, NY in Westchester County: current historical research, descriptions of how to research Pelham history online and genealogy discussions of Pelham families.

Tuesday, July 11, 2017

A Pelham Scandal and Resultant Lawsuit Set Pelham Tongues Wagging in 1885


Twenty-year-old Mary Amelia Ross of City Island seemed to have it all in 1884.  She was the "prettiest girl for miles around."  She was, according to one account, "admired by all the young men" of lower Westchester County.  She was "very highly accomplished" and was a daughter of wealthy City Island oysterman James Ross.

In early 1884, Mary Amelia Ross became the object of the affections of twenty-year-old George Leviness.  Leviness was a son of another wealthy City Island oysterman, Joshua Leviness, and was the proprietor of City Island Hotel.  George Leviness began an "ardent courtship" of Miss Ross.  

Leviness called on the young woman frequently "and took her walking in the evening."  On only the second or third such stroll, George Leviness proposed to Miss Ross who readily accepted his proposal.

Only a few weeks later, George Leviness called on Mary Amelia Ross at her home.  Her parents were away that evening.  During that visit, George Leviness, reportedly "took improper liberties with her under promise of marriage."  Within a few months, Miss Ross was visibly pregnant or, as local newspaper reports put it so delicately, experienced "her condition."  

George Leviness did not deny "improper intimacy" with Miss Ross.  He did, however, deny that he promised to marry her.  Whether he had a change of heart, or never intended to keep his promise, however, young George Leviness refused to marry Miss Ross.  In 1885, Mary Amelia Ross hired a lawyer, Norman A. Lawlor of Mount Vernon, New York.  Lawlor promptly filed a civil lawsuit on his client's behalf against George Leviness seeking $25,000 damages for "seduction under promise of marriage."

Pelhamites became obsessed with the scandal.  According to one news report, "The suit has occasioned considerable of a flutter on the Island and in the town of Pelham, where the persons interested are well-known."  

On Monday, March 15, 1886, the lawsuit filed on behalf of Miss Ross was tried before a jury in the Supreme Court of the State of New York before Justice J. O. Dykman sitting in White Plains.  Once again Leviness "did not deny the improper intimacy, but repudiated the promise to marry."  At the close, the jurors deliberated for only ten minutes before returning a verdict for Miss Ross of $6,000 (about $207,000 in today's dollars).  With interest and costs, the total due from George Leviness was $6,400.

Twenty-one-year-old George Leviness simply did not have the money to pay the judgment.  On Wednesday, June 30, 1886, police served a warrant for "execution against his body" and carted young Leviness off to the White Plains Jail where he was to be kept in jail until he paid the judgment or arranged to have it paid.  Leviness was able to arrange several bondsmen to post his $12,800 bail, but the terms of his bail placed limits on his ability to leave White Plains.

George Leviness lapsed into a routine of remaining in White Plains all week, then quickly returning home to City Island on Sundays before traveling back to White Plains early each Monday to avoid forfeiting the bonds placed by his bondsmen, Frank Vail and Everett Leviness, each of whom posted half of the $12,800 bail.

 Mary Amelia Ross certainly was not finished with George Leviness.  On July 12, 1886 she and her attorneys appeared before a local Judge and swore out a criminal complaint against Leviness charging him with "betrayal."  On Sunday, July 18, two police officials from Eastchester, Thomas Woods and C. T. White, appeared on City Island with an attachment against Leviness on the criminal charge.  They arrested Leviness and tried to haul him before local Justice Edmonds for a bail hearing.  When Justice Edmonds could not be found, Leviness was jailed.

When Frank Vail, one of the two bondsmen who guaranteed half of the bail set for George Leviness in White Plains learned of his arrest, Vail hustled to the Westchester County Sheriff's office and arranged a "surrender" of Leviness to the Sheriff so as not to lose the bond he had placed for Leviness in connection with the civil action judgment that Leviness had failed to pay.  The Sheriff's officer, in turn, hustled to the lockup where Leviness was being held and fought with one of the constables over who had the right to hold Leviness.  In any event, Justice Edmonds was found in the morning and held a bail hearing for Leviness.

At that hearing, an attorney for Mary Amelia Ross appeared and argued that bail on the criminal charge should be placed at $2,000 (in addition to the $12,800 bail already placed in the related matter).  An attorney for Leviness argued that bail on the criminal charge should be $500.  Justice Edmonds decided bail should be $1,000.

Poor George Leviness.  He was returned to White Plains because he was still subject to "the limits" placed in connection with his first bail.  Would he raise the money to pay the $6,400 judgment to Miss Ross?  

The answer, sadly, remains for another day.  Research has not yet revealed how the matter was resolved.  One thing seems certain, however.  George Leviness learned a lesson. . . .




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"CITY ISLAND'S SOCIAL SENSATION.
-----
MISS ROSS, A LOCAL BELLE, SUE FOR $25,000 DAMAGES FOR BREACH OF PROMISE.
[From Yesterday's Edition.]

Assemblyman-elect Norman A. Lawlor has begun a suit for breach of promise for Miss Helen [sic; should be "Mary Amelia"] Ross, aged twenty-one years, against Mr. George Leviness, proprietor of the City Island Hotel, and son of the wealthy oysterman, Joshua Leviness.  Miss Ross is also a resident of City Island and is the daughter of James Ross, an oysterman, who is also quite wealthy.

The young lady claims $25,000 damages.  Miss Ross has been admired by all the young men of that part of the county, and is considered to be the prettiest girl for miles around.  She is small of stature and very highly accomplished.  The suit has occasioned quite a flutter on the Island and in the town of Pelham, where both parties are well known.

In her complaint Miss Ross states that she got acquainted with Mr. Leviness about a year and a half ago, and he began making love to her the first time they went out together for a walk.  She did not at that time fully comprehend his intention:  but as their acquaintance grew and she saw more of him she learned to love him and then to trust him, and then comes the old, old story of loving too carelessly and subsequent desertion.  Of course the people on the Island are not aware of the extremity to which the intimacy went; but in her affidavit Miss Ross states that the intimacy went too far.  He promised to marry her six months ago and has not kept his promise and steadily refuses to do so.

Mr. Leviness denies that he ever promised to marry the young lady, and denies that he is responsible for her condition.  The suit is on the calendar for the December term."

Source:  CITY ISLAND'S SOCIAL SENSATION -- MISS ROSS, A LOCAL BELLE, SUE FOR $25,000 DAMAGES FOR BREACH OF PROMISE, The Daily Graphic [NY, NY], Nov. 23, 1885, p. 147, col. 3.  

"SUING A HOTEL MAN FOR BREACH OF PROMISE.

Assemblyman elect Norman A. Lawlor has begun a suit for breach of promise for Miss Helen Ross, age twenty-one, the daughter of James Ross, an oysterman, against George Leviness, proprietor of the City Island Hotel, and the son of the wealthy oysterman, Joshua Leviness.  The young woman claims $25,000 damages.  The suit has occasioned considerable of a flutter on the Island and in the town of Pelham, where the persons interested are well-known.  The defendant denies that he ever promised to marry Miss Ross."

Source:  SUING A HOTEL MAN FOR BREACH OF PROMISE, New-York Daily Tribune, Nov. 22, 1885, p. 5, col. 1.  

"COURT PROCEEDINGS. . . .

SUPREME COURT. -- CIRCUIT.

Before Hon. J. O. DYKMAN, Justice.

The supreme court convened at the court house on Monday, March 15.  The following cases were tried: . . . 

Mary Amelia Ross against George Leviness. -- This action was for seduction under promise of marriage.  Both parties reside at City Island.  Miss Ross is 20 years old, and is the daughter of a well-to-do oysterman.  George Leviness is 20 years old and is the son of Joshua Leviness, a wealthy resident of the above place.  Leviness made her acquaintance about a year ago, and began an ardent courtship.  He called frequently and took her walking in the evening, and on the second or third occasion made a proposition to marry her, and she accepted him.  A few weeks later he called at her house one evening when her parents were away, and there he took improper liberties with her under promise of marriage.  The defendant did not deny the improper intimacy, but repudiated the promise to marry.  The jury after an absence of ten minutes rendered a verdict for Miss Ross of $6,000. -- Lawlor & Swits, for plaintiff; H. M. Henderson, for defendant."  

Source:  COURT PROCEEDINGS. . . . SUPREME COURT. -- CIRCUIT, The Eastern State Journal [White Plains, NY], Mar. 20, 1886, Vol. XLI, No. 50, p. 2, cols. 2-3.  

"THE COUNTY. . . . 

LODGED IN JAIL. -- George Leviness, of City Island, was taken to White Plains Jail on Wednesday, by Officer Mark Skennion, under an execution against his body, he having failed to pay the sum of $6,400 damages awarded Miss Mary Amelia Ross in her suit in the Supreme Court against Leviness for betrayal under promise of marriage, which he failed to keep.  He will now be kept in jail until he pays up or arranges to have it paid."

Source:  THE COUNTY . . . LODGED IN JAIL, The Yonkers Statesman, Jul. 1, 1886, Vol. III, No. 809, p. 1, col. 4.

"PELHAM AND CITY ISLAND. . . .

George Leviness was taken to White Plains, last week, under an execution for failing to pay the sum of $6,400, awarded to Miss Amelia Ross in her suit for betrayal under promise of marriage. . . ."

Source:  PELHAM AND CITY ISLAND, The Chronicle [Mount Vernon, NY], Jul. 9, 1886, Vol. XVII, No. 896, p. 3, col. 2.  

"LOCAL NEWS. . . .

Geo. Leviness, of City Island, was arrested last Sunday, by Officers Thos. Woods and C. T. White, of Eastchester, on a warrant issued on the 12th inst., by Justice Edmonds.  The complainant was Miss M. A. Ross, and the charge seduction under promise of marriage.  In a civil suit, last spring, Miss Ross obtained a verdict against Leviness for $6,400.  He refused to pay the amount, and an attachment for him was issued, and he was taken to White Plains Jail and locked up.  Subsequently he was admitted to the limits, and Saturday night last went to his home at City Island, where he was arrested on Sunday.  An effort was made to find Justice Edmonds Sunday evening and have Leviness admitted to bail, but he could not be found.  In the meantime Mr. Frank Vail, who was bondsman for Leviness in the sum of $6,400, surrendered him to the Sheriff, and there was quite a lively time between the Sheriff's officer and Officer Woods; the former threatening to take their man away from the constable, but the constable didn't see it in that light.  Monday morning Officer Woods produced his man before the Justice, who after hearing the argument of counsel on both sides, admitted him to bail in the sum of $1,000."

Source:  LOCAL NEWS, The Chronicle [Mount Vernon, NY], Jul. 20, 1886, Vol. XVII, No. 899, p. 3, cols. 1-2.  

"THE COUNTY. . . .

HAVING A HARD TIME. -- George Leviness, of City Island, is 'on the limits' to satisfy a judgment for breach of promise of marriage attained by Miss Amelia Ross.  On Sunday he has been in the habit of going home and returning to White Plains before Monday morning, thus avoiding the forfeiture of his bonds, which are $12,800.  Last Sunday he was arrested on a criminal warrant for betrayal sworn out by Miss Ross, and taken to Mount Vernon, where he was detained until Monday morning.  His bondsmen then surrendered him.  He subsequently gave bail in $1,000 and returned to his limits. . . ."

Source:  THE COUNTY. . . . HAVING A HARD TIME, The Yonkers Statesman, Jul. 20, 1886, Vol. III, No. 824, p. 1, col. 4.  

"Arrest of George Leviness.

George Leviness, of City Island, who is on the limits at White Plains, in default of payment of a judgment of $6,000, visited home last Sunday.  In the afternoon Officers Wood and White drove over to City Island and arrested him on a criminal warrant, for the same case for which he was on the limits.  On their return to this village with Mr. Leviness, they could not find Justice Edmonds, and prisoner was held.  In the morning the prisoner was brought before Justice Edmonds When H. C. Henderson, Esq., of Westchester, appeared for Leviness, and Messrs. Lawlor & Swite, Jr., of Mount Vernon, for plaintiff, Miss Ross.  Leviness pleaded not guilty and waived an examination, and offered Messrs. Frank Vail and Everett Leviness as bondsmen.  Attorney Lawlor requested that bail be placed at $2,000.  Attorney Henderson argued for $500, in view of the $13,000 bail under which he is held.  After a patient listening to learned counsel on both sides, His Honor put the amount at $1,000. -- Record."

Source:  Arrest of George Leviness, New Rochelle Pioneer, Jul. 24, 1886, p. 3, col. 5.

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