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He died, in the arms of his daughter, as he was in a boat crossing the ferry to his home. While in the Presbyterian church in New Utrecht used as a prison by the British, he had for companions, Daniel Duryee, William Furman, William Creed, and two others, all put into one pew. Baylis asked them to get the Bible out of the pulpit and read it to him.
Ward, /3/ Dickenson v. Watson, /4/ and Underwood v. Hewson, /5/ followed by the Court of Appeals of New York in Castle v. Duryee, /6/ in which defences to the effect that the damage was done accidentally and by misfortune, and against the will of the defendant, were held insufficient.
The two men were still on the seat, but it had broken in the middle, pitching them toward the center, and they were wedged fast. Hank Duryee, the town livery driver, did not seem to be hurt, though there was an anxious look on his face, and he was very pale, which was unusual for him. As for the other man he seemed to have fainted.
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