Frederic Kernochan (August 12, 1876 – January 9, 1937) was an American soldier and lawyer who served as Chief Justice of the Court of Special Sessions.

Frederic Kernochan
Born(1876-08-12)August 12, 1876
DiedFebruary 9, 1937(1937-02-09) (aged 60)
EducationSt. Mark's School
Alma materYale University
New York Law School
Occupation(s)Soldier, attorney, judge
Political partyDemocrat
Spouse
Elsie Howland
(m. 1910)
Children2
Parent(s)J. Frederic Kernochan
Mary Stuart Whitney Kernochan
RelativesJames Powell Kernochan (uncle)
AwardsCongressional Silver Medal

Early life

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Kernochan was born on August 12, 1876, in Newport, Rhode Island.[1] He was the son of attorney J. Frederic Kernochan and the former Mary Stuart Whitney (1849–1922), who were both prominent in New York society.[2][3] He grew up at 11 East 26th Street,[4] and had four siblings: Eweretta Kernochan (who did not marry),[5] William Kernochan (who died in infancy),[6] Mary Stuart Whitney Kernochan (who married Courtland Smith)[7] and Whitney Kernochan (who married Helen (née Gaynor) Bradford, a daughter of New York City Mayor William Jay Gaynor).[8][9]

His paternal grandparents were Margaret Eliza (née Seymour) Kernochan and Joseph Kernochan, a Scottish born dry goods merchant and banker who was a founder of the University Club of New York.[3] Among his extended family was uncle James Powell Kernochan. His maternal grandparents were William and Mary Stuart (née McVickar) Whitney (a daughter of merchant Stephen Whitney).[2][10][11]

After attending St. Mark's School, Kernochan graduated from Yale University with the class of 1898 (where he was a member of Delta Kappa Epsilon and Skull and Bones),[12][13] and then attended New York Law School, where he graduated in 1901, the same year he was admitted to the New York bar.[1]

Career

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From January 1, 1903, to April 30, 1903, Kernochan served as Assistant Corporation Counsel in New York City followed by Assistant District Attorney in New York County from 1903 to 1905. In 1905, he followed William Rand when Rand left the District Attorney's office and joined the firm of Rand, Moffatt & Webb in New York City, where he practiced law until 1907.[13][14]

In April 1907, he was appointed a New York City Magistrate by Mayor George B. McClellan Jr.[15] In 1908, he dismissed all charges and released from custody William K. Vanderbilt Jr. after a traffic patrolman had taken him into custody for speeding.[16] In December of the same year, the then unmarried Kernochan was "drawn into a declaration yesterday in the Harlem Police Court that, so far as he personally was concerned, the preponderance of evidence being against matrimony, he proposed to continue to keep out of it."[17] In response, the wife stated: "Well, if you are single, you stay that way."[17] In 1911, Kernochan decided "in the West Side Court, without hearing any witnesses, the Russian ballet performance" that was at "the Winter Garden was not of a nature to call for police interference and refused to issue a summons."[18] He declined to hear testimony because he had, in fact, gone to see the performance "accompanied by a friend, a Director of the Metropolitan Opera Company, who had seen the performance before the complaints had reached the Mayor" and "was willing to take the responsibility for the statement that there is nothing that need offend anybody."[18]

On July 2, 1913, he was appointed Justice of the New York Court of Special Sessions by Mayor William Jay Gaynor to succeed Justice Deuel, "whose term expired on June 30. Justice Kernochan had four years of his term as Magistrate to serve, and to fill out this term the Mayor appointed Justice Deuel."[19] The position came with a $9,000 per year salary, an increase from the $7,000 per year salary he received as a City Magistrate.[19] In 1919, he was appointed by Mayor Gaynor as Chief Justice of the Court of Special Sessions. He was reappointed for a ten-year term as Chief Justice in 1926 by Mayor Jimmy Walker at a salary of $12,000 per year,[20] and reappointed for another ten-year term in 1936 by Mayor Fiorello LaGuardia at a salary of $18,000 per year (but was paid $13,000 under the pay-cut arrangement).[21] In 1932, Kernochan testified against alliances between Tammany Hall and racketeers.

In February 1933, Kernochan was present when Giuseppe Zangara tried to assassinate then President-elect Franklin D. Roosevelt in Miami, Florida, just seventeen days before Roosevelt's inauguration,[22] following a cruise aboard Vincent Astor's yacht. Kernochan interrogated him in his prison cell in the Dade County Courthouse jail,[23] where Zangara confessed, stating: "I have the gun in my hand. I kill kings and presidents first and next all capitalists."[24]

Military service

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In May 1898, during the Spanish-American War Kernochan enlisted in Battery A, Pennsylvania Light Artillery (formerly the Keystone Battery), which was assigned to guard the shipyards at Newport News, Virginia. The Battery left Newport for Puerto Rico in early August 1898, aboard the transport Manitoba arriving in Puerto Rico on August 10, 1898. His Battery was assigned a position 2 miles north of Ponce until they were ordered home aboard the Mississippi, arriving in New Jersey on September 10, 1898. His Battery was part of the Philadelphia Peace Jubilee in October 1898 before he mustered out of service in November 1898.[12][13]

Kernochan again enlisted in May 1899, in Troop 1, Squadron A, New York City with whom he saw field service during the Croton Dam Strike in August 1900 before he was discharged from Squadron A in May 1904. Three months later on August 23, 1904, he was commissioned First Lieutenant and was assigned to the 12th New York Infantry Regiment in New York City as Battalion Quartermaster, serving with them until December 1908.[1]

Awards and honors

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In 1886, when he was 10 years old, he rescued his nurse, Louise Valet, from an overturned boat in the Shrewsbury River near Navesink Highlands (on the Atlantic coast just off the coast of Highlands, New Jersey).[25] In 1887, Secretary Charles S. Fairchild awarded him the Congressional Silver Medal for his bravery and in 1913, he was awarded the American Cross of Honor, which is composed of those who have received medals from Congress, gave him another. The Cross of Honor was presented to him by the Mayor Gaynor at City Hall.[26][27]

Personal life

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On January 26, 1910, Kernochan was married to Elizabeth Lawrence "Elsie" Howland (1885–1973) at the Church of the Transfiguration.[28] Elise was a daughter of Louis Meredith Howland (of Howland & Aspinwall) and Virginia Lee (née Lawrence) Howland.[29][30] The couple were friends with President Franklin D. Roosevelt and Eleanor Roosevelt.[31] Together, they lived at 42 Fifth Avenue in Manhattan and, later, 4 East 95th Street, were the parents of:

  • Virginia Kernochan (1912–1981), who married Frederic Foster Carey, a son of George Herbert Carey and Clara (née Foster) Delafield, in 1928.[32] They later divorced and he married Anne Smolianinoff Frelinghuysen.[33]
  • Mary Kernochan (1914–1992), who married Crawford Blagden Jr., a great-grandson of Mark Hopkins, in 1934.[34]

Kernochan died of pleural pneumonia on January 9, 1937, aged 60, at Tuxedo Park, New York.[1][35][36] His funeral was held at St. Mary's-in-Tuxedo and he was buried at Green-Wood Cemetery in Brooklyn.[37] James Roosevelt, son of President Roosevelt, "represented official Washington" and he arrived with Vincent Astor, "a close friend who had entertained Judge Kernochan on two yacht trips he arranged for President Roosevelt."[37]

References

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  1. ^ a b c d "FREDERIC KERNOCHAN" (PDF). The New York Times. January 11, 1937. Retrieved 22 June 2018.
  2. ^ a b "MRS. J. F. KERNOCHAN DEAD. She Was the Mother of the Chief Justice of Special Sessions". The New York Times. August 12, 1922. Retrieved 22 June 2018.
  3. ^ a b "J.F. KERNOCHAN, 86, DIES AFTER STROKE; Lawyer Was a Founder of the Bar Association of New York City. FATHER OF CHIEF JUSTICE He Had Practiced His Profession Here More Than 60 Years--His Funeral in Grace Church". The New York Times. August 18, 1929. Retrieved 22 June 2018.
  4. ^ "The J. Frederic Kernochan Residence". www.beyondthegildedage.com. January 7, 2013. Retrieved 22 June 2018.
  5. ^ "Deaths | KERNOCHAN--Eweretta". The New York Times. May 15, 1954. Retrieved 22 June 2018.
  6. ^ A History of the Class of 1863, Yale College: Being the Fourth of Those Printed by Order of the Class. Tuttle, Morehouse & Taylor Company. 1905. pp. 114–115. Retrieved 22 June 2018.
  7. ^ "MISS M. KERNOCHAN BRIDE AT HER HOME; Daughter of J. Frederic Kernochan Is Quietly Married to Courtland Smith". The New York Times. February 9, 1929. Retrieved 22 June 2018.
  8. ^ "GAYNOR'S DAUGHTER SUES.; Mrs. Kernochan Demands $2,000 From Former Husband". The New York Times. August 22, 1922. p. 23. Retrieved 22 June 2018.
  9. ^ "Obituary 1 -- No Title". The New York Times. April 19, 1969. Retrieved 22 June 2018.
  10. ^ Miller, Tom (13 January 2014). "The Lost Kernochan Mansion -- No. 862 Park Avenue". Daytonian in Manhattan. Retrieved 22 June 2018.
  11. ^ McVickar, Edward; Breed, William Constable (1906). Memoranda Relating to the McVickar family in America. New York: Private Press. Retrieved 22 June 2018.
  12. ^ a b of 1898, Yale University Class (1902). Triennial Record. Dorman Lithographing Company. Retrieved 22 September 2021.{{cite book}}: CS1 maint: numeric names: authors list (link)
  13. ^ a b c 1936-1937 Obituary Record of Graduates of Yale University (PDF). New Haven: Bulletin of Yale University. 1 December 1937. Retrieved 22 September 2021.
  14. ^ Appeals, New York (State) Court of (1925). New York Court of Appeals. Records and Briefs. Retrieved 22 September 2021.
  15. ^ "MAYOR PICKS NEW POLITICAL ADVISER; Corporation Counsel Ellison Now Directing McClellan's War on Murphy. FEATHERSON DROPPED OUT Appointment of New Magistrates Indicated His Fall -- Blow to a Murphy Company". The New York Times. 28 April 1907. Retrieved 22 September 2021.
  16. ^ "FREES W.K. VANDERBILT, JR.; Magistrate Kernochan Dismisses the Charge of Exceeding Speed Limit". The New York Times. 10 March 1908. Retrieved 22 September 2021.
  17. ^ a b "BACHELOR JUSTICE WILL STAY SINGLE; Magistrate Kernochan Tells Warring Couple Their Case Makes Him Firm in His Resolve. HE SIDES WITH THE MAN The Wife Says, If You Are Single You Stay That Way -- All About a Homecoming at 2 A.M." The New York Times. 6 December 1908. Retrieved 22 September 2021.
  18. ^ a b "MAGISTRATE DROPS WINTER GARDEN CASE; Needs No Evidence, Says Kernochan, Because He Has Seen the Performance Himself". The New York Times. 2 July 1911. Retrieved 22 September 2021.
  19. ^ a b "GAYNOR APPOINTS FOUR TO THE BENCH; Steers, Deuel, and Nolan Made Magistrates and Kernochan Special Sessions Justice". The New York Times. 3 July 1913. Retrieved 22 September 2021.
  20. ^ "KERNOCHAN REAPPOINTED.; Sworn In by Mayor as Chief Justice of Special Sessions". The New York Times. 29 June 1926. Retrieved 22 September 2021.
  21. ^ "LA GUARDIA NAMES KOZICKE A JUSTICE; City Magistrate Promoted to Succeed Rayfiel on Special Sessions Bench. MARKET ROW RECALLED Mayor Had Called 3 Justices Unfit -- Kernochan Is Reappointed and Sworn". The New York Times. 26 June 1936. Retrieved 22 September 2021.
  22. ^ Picchi, Blaise (1998). The Five Weeks of Giuseppe Zangara : The Man Who Would Assassinate FDR. Chicago: Academy Chicago Publishers. pp. 14–15. ISBN 9780897334433. OCLC 38468505.
  23. ^ "ROOSEVELT KERNOCHAN & TMR EXHIBIT". tmrmuseum. Ten Mile River Scout Museum. Retrieved 21 September 2021.
  24. ^ Miami History: Attempted Assassination of FDR in Bayfront Park
  25. ^ "A BRAVE BOY REWARDED". The New York Times. 10 April 1887. Retrieved 22 September 2021.
  26. ^ Times, Special to The New York (20 May 1913). "MEDAL FOR KERNOCHAN.; Gaynor to Speak When Cross of Honor is Presented to Magistrate". The New York Times. Retrieved 22 September 2021.
  27. ^ "KERNOCHAN MEDAL FOR RESCUE IN 1886; American Cross of Honor Men Send It and the Mayor Presents It". The New York Times. 4 June 1913. Retrieved 22 September 2021.
  28. ^ "Judge Kernochan Weds Miss Howland". The New York Times. 27 January 1910. Retrieved 22 September 2021.
  29. ^ "FREDERIC KERNOCHAN TO WED; City Magistrate to Take Miss Elsie L. Howland as Bride". The New York Times. 3 December 1909. Retrieved 22 September 2021.
  30. ^ Social Register: Contains the Summer Address where it Differs from the Winter Address of the Residents of New York, Washington, Philadelphia, Chicago, Boston, St. Louis, Pittsburgh, Cleveland ... [etc.]. summer ... Social Register Association. 1918. p. 150. Retrieved 22 June 2018.
  31. ^ "My Day by Eleanor Roosevelt, January 12, 1937". www2.gwu.edu. The Eleanor Roosevelt Papers Project The George Washington University. Retrieved 18 September 2021.
  32. ^ TIMES, Special to THE NEW YORK (26 August 1938). "MISS KERNOCHAN IN SECRET BRIDAL; Daughter of Late Justice' Was Wed to Frederic F. Carey in Maryland Aug. 7 THEIR TROTH NOT KNOWN Couple Will Reside in Tuxedo Park--He Is in the Produce Business in This City". The New York Times. Retrieved 18 September 2021.
  33. ^ TIMES, Special to THE NEW YORK (6 December 1945). "FREDERIC F. CAREY MARRIES IN SOUTH; Ex-Captain in Marines Weds Mrs. Anne S. Frelinghuysen in Ceremony at Miami". The New York Times. Retrieved 18 September 2021.
  34. ^ "MARY KERNOCHAN BECOMES A BRIDE; Daughter of Former Justice Wed in St. Thomas Church to Crawford Blagden Jr". The New York Times. 4 February 1934. Retrieved 18 September 2021.
  35. ^ "Deaths | Kernochan". The New York Times. January 10, 1937. Retrieved 22 June 2018.
  36. ^ "KERNOCHAN SERVICE WILL BE HELD TODAY; Boy Scouts to Honor Jurist More Tributes to Career Received by Widow" (PDF). The New York Times. January 12, 1937. Retrieved 22 June 2018.
  37. ^ a b TIMES, Special to THE NEW YORK (13 January 1937). "LEADERS ATTEND KERNOCHAN RITES; Judicial Associates Attend Simple Service in St. Mary's Church, Tuxedo Park". The New York Times. Retrieved 22 September 2021.
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Frederic Kernochan at Find a Grave