USA > New York > Chautauqua County > History of Chautauqua County, New York > Part 94
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The famous case of Hendrickson for the murder of his wife by aconite, a subtle poison, occurred before Judge Marvin at Albany, in 1853, and lasted for three weeks. The prisoner, after the most thorough investigation as to the detection of poisons that had ever been had in any court, was convicted. In his charge to the jury the judge said : " It is as dangerous to attempt murder with the most subtle vegetable poison, and as certain to be detected, as if the murder was committed with the dirk or stiletto." In his sentence, in urging the prisoner to prepare for death, he says : "I greatly fear, sir, that you have not always prayed. Although I have never made any pro- fession of peculiar piety, I have ever believed, since I have grown to man's. estate and reflected upon the nature of mind and reason, in the great efficiency of prayer. If a mother teaches her child to repeat the beautiful prayers of infancy, and if the child continues this habit of appealing to God for guidance. in this vale of tears, it will have a sacred impress, and if he should pass on.
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to riper years, it will make him a wiser and better man." I cannot other- wise as well present the judicial standing and characteristics of Judge Mar- vin as by quoting from some eminent men who were for years his associates upon the bench. Conspicuous among these is Judge Noah Davis, who, in an article equally creditable to himself and Judge Marvin, says :
I remember when he first came to our Orleans circuit. He was about six feet in height, well formed and well developed, standing erect and carrying himself with grace and dignity. His head was strikingly intellectual, and his face showed all the characteristics of a kind, just and intellectual man. * * The charge of Judge Marvin to the grand jury on the occasion now spoken of was one of remarkable ability, force and clearness, delivered with dignity, earn- estness and judicial calmness, and it left permanent and valuable impresions on the mind of every hearer. *
* * All the judges of the district were highly respected, but it is saying nothing more than the simple truth to say that the people regarded Judge Marvin as the best example of an ideal judge. * * * The judicial opinions of Judge Marvin are marked by a high degree of ability. In this regard he ranked high among the judges of the state, and his opinions, of which large numbers were published during his life-long career, combine to place him very high in the roll of the able judges of the state. * * * Some of his opinions in the court of appeals may well be referred to as evidence of distinguished ability, and are often now quoted as finally settling the law on abstruse and important questions. * * He was richly endowed by nature with the true judicial temperament. This consists, when on the bench, of calm self-possession which remains unruffled, whatever may happen, of patience not easily wearied or exhausted however severely tried, of that innate love of justice which commands to hear and weigh both sides with equal impartiality and fairness, of common sense which dis- cerns truth and right, and of courage to express them without fear or favor. + * * The fact of this intimate association for so many years, is drawn in only for the purpose of enabling me to say, as I can with great confidence, that in that long period of intimacy, close and constant as it was, I never saw in Judge Marvin's speech or conduct a single thing that in my judgment could impair his title to be called a true and pure gentleman, in mind and heart, in thought and deed and word. * When I left the bench of the eighth district we parted warm friends. Our friendship continued till his death ; nay, continues now, and I trust will never end. * I have myself great reason to be grateful to the providence that placed me, a pupil, as it were, in his judicial school, where, for many years, his personal association and example were blessings of which the great and true value is now justly appreciated.
Judge Daniels, one of the most eminent jurists of his time, says of Judge Marvin :
No person could have been devoted to the public service better adapted or more fully equipped than Judge Marvin proved to be. * * The other persons elected with him were men of learning and independent strength of character, still he had no superior among themn. * To all he was alike attentive, kind and considerate. When he erred, as the best inen sometimes must, the error was tinged with no element of bias or bitterness. + Nohigher commendation can be given him than that he never disappointed the just demands of his posi- tion, and to that he is as fully entitled as either of the great men who have at different times adorned the public service of this state.
Ex-Judge Barker of Fredonia, who served 22 years on the bench of the supreme court with distinguished ability, says of the character and career of Judge Marvin :
Judge Marvin's public career was the most distinguished in his judicial service, for which he possessed natural gifts, and to the discharge of those arduous duties he industriously and zealously applied the energies and resources of his strong and active mind, which have been felt and acknowledged by the bar, and recognized by all who are interested in the faithful and im- partial administration of justice, and maintaining the dignity and learning of the bench. As
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nisi prius judge, it is the opinion of his contemporaries he had few equals, and in that capacity he became distinguished, as well as useful to the bar and suitors, and received their confidence and respect during the progress of trials by his dispassionate demeanor, by his close attention to the proofs, by his fair and discriminating rulings on the legal questions involved, by proper and kindly suggestions to counsel to relieve difficulties and embarrassments unexpectedly arising on the trial, and by the felicitous use of the greatest gift a trial judge can possess-to state to the jury the cause fully and fairly, and so to analyze the evidence in his instructions as to aid and assist them in comprehending the issues and rendering a just verdict.
After Judge Marvin's retirement from the bench his time was somewhat occupied as referee in important cases, and, occasionally, as council in cases. Conspicuous is that that may be considered as his last professional effort, when he acted as leading council in the case known as " the Town of Ellicott bonding case ; " " Patrick Falconer and others against the Buffalo & James- town Railroad Company and others," involving the issuing of $200,000 of town bonds. A change in the constitution of the state prohibited the issu- ing of the bonds in aid of railroad companies after January 1, 1875. An injunction was granted in the action prohibiting the delivery of the bonds already printed, signed, and in the hands of Col. A. F. Allen and Robert Newland as trustees, to be delivered when certain conditions were complied with. Col. Allen died in 1875, leaving Mr. Newland sole trustee. It was claimed that the conditions had not been complied with. The case went from special to general term of the supreme court, and, on appeal, to the court of appeals. It was then appealed to the supreme court of the United States. Judge Marvin argued the case at special term, Grover Cleveland opposing, and in the general term and in the court of appeals, Judge Geo. F. Comstock opposing. He also argued the case in the supreme court of the United States, R. T. Merrick opposing. The result was a victory at every point for Judge Marvin, and a saving to the taxpayers of the town of Ellicott of $200,000 of principal, and interest amounting, at the time of the final decision some time in ISSI, to about $75,000, or in all, principal and inter- est, to about $275,000. These bonds were to run for 30 years, with interest payable semi-annually at the rate of seven per cent., and would have amounted at the expiration of the 30 years, principal and interest, to more than $620,- 000. This was Judge Marvin's last great professional triumph, and gave him a lasting claim to public gratitude.
Mr. Marvin, in September, 1834, married Isabella Newland, a sister of Robert Newland, who for more than 50 years was honorably connected with the financial and other interests of Jamestown. She came from her home in the city of AAlbany to visit Mrs. Patchin, where she met the judge. She brought the graces and culture of the city life into the wilderness. She was for nearly 40 years the sharer of his joys, sorrows and hopes, the light of his home, and the inspiration of his life. He laid his triumphs at her feet. Fight children came to bless and hallow his home, and all grew to manhood and womanhood, useful and honorable. She was not content to give grace.
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and beauty and sunshine to her own home, and a mother's love and care to her children, but she toiled outside to build up the church with which she was connected, and to which Judge Marvin accompanied her, and to give sympathy and aid to the suffering and the sorrowing. Inspired with hope and confidence as if from Heaven, she toiled to comfort the sufferings the cruel war produced. She died in 1872 with her life-work well done, and the tears of her family and the prayers of a great community could not impede her flight to a land where a divine voice was to say to her, " Well done, good and faithful servant, enter thou into the joys of thy Lord." Her death was a painful blow to her husband and children. In the "old hospi- table home" the fires were unkindled, the lights were out, and the doors closed. The inspiring central figure was there no more, except in the tender memories of the living, and the father sought for, and found, sympathy and comfort in his children, who were General Selden E. Marvin, who resides at Albany, and who served with distinction in the civil war, and who has held financial and public positions, besides being identified for more than 30 years with large business interests at Albany and Troy ; Sarah Jane Hall, of James- town, with whom the judge made his home after his return from his travels in Europe ; David N. Marvin, of Jamestown, a worthy, beloved and promin- ent business man, who at the time of his death, which occurred before his father's, was cashier of the Chautauqua County National Bank ; Mary M. Goodrich, who survives her husband and is living at Cambridge, Mass. ; William R. Marvin, who died at Jamestown, from disease contracted in the army, and left a spotless name; Robert N. Marvin, of Jamestown, who for more than 20 years has mainly cared for his father's business interests ; Richard P. Marvin, residing at Akron, Ohio, a lawyer by profession, but devoting his time to industrial interests ; Isabella Marvin, now deceased, who accompanied the judge in his European travels, and was a gifted and accom- plished woman.
I have already spoken of the ability of Judge Marvin. In his character was absolute purity of motive. He had the weakness of humanity in com- mon with all, but no one ever questioned his motives. He had a high and honorable ambition, but no intrigues, no corruption, no modern deals ever tempted him from the rugged path of honesty. He was as far removed from the new generation of politicians as the east is from the west. The people spontaneously laid judicial and political honors at his feet because they knew he deserved them. In his old age he retained all his sympathies with humanity, and greeted and welcomed the new generations and gave them his blessing. Most of the old familiar faces had gone, but he never lost his interest in the new life around him. In his long judicial administra- tion, he tempered justice, as much as duty would permit, with mercy. His commanding figure, his strong, kind face, now linger in thousands of mem-
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ories. From his portrait, which by order of the board of supervisors hangs upon the walls of the courtroom at Mayville, his spirit seems, as of old, to look down upon the course of justice, and it is hoped that it may continue the wholesome and inspiring supervision for centuries to come. He had worshipped in log cabins with his neighbors in the wilderness. He had seen, amid the pomp of ceremonies and the beauties of art, the gorgeous wor- ship of St. Peter's at Rome, and St. Paul's in London, and the great book of humanity had been widely opened before him. He was ever an enthusiastic and careful student of the history of nations, and of the books that presented the best thought of his day and generation. He took a deep interest in science and art, and in the inventions which have come to give power and beauty and hope to humanity in this most wonderful of the centuries. He had been conspicuous among the projectors in the first link of the chain of iron highways from the Atlantic west. He had seen it extended, from ocean to ocean, over states and mountains and rivers which in his boyhood had no name. He had loved the Republic in its better days. He saw the clouds gathering around it as far back as when he presided in the Jerry rescue case in 1852. When the rebellion came his eloquent voice was heard exhorting men to rally round the old flag. He cheerfully gave two of his own sons to the chances of the struggle. I have mentioned all these things to show the fulness of his life, the closeness of his contact with humanity. He had care- fully studied the problems which life presents in all ages to philosophic minds.
"At the age of SS years and 18 days, surrounded by the loving care and prayers of children and grandchildren, clear in the purity of the never stained love of his brother William, who, in a letter received during the deepening of the shadow that indicated the nearness of the closing day, wrote : 'Who shall tell us that our love for each other will not go on growing stronger in the Providence of God ?', in the dawn of the morning of January 11, 1892, robed in its purity, as if created by God to crown the ending of a mortal whose life had been pure, in the slumbers that end the earthly vision, he peacefully slept into eternity." God gave him rest. Not only family and kindred, but thousands recognized that a great and good man had gone to his reward and left a new and sacred and inspiring memory on earth.
ROBERT NEWLAND MARVIN.
From early youth his life's best efforts have been given in behalf of others.
Robert Neteland Marvin, the sixth child of Richard Pratt and Isabella Newland Marvin was born in Jamestown, Chautauqua county, N. Y., Oct. 13, 1845. He was named after his uncle Robert Newland, to whom and to whose interests controlled by tender feelings he was ever attentive. His childhood days were passed under the care of loving, devoted parents whose
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pure lives were a potent factor in the formation of his character. His youth- ful experiences conformed to the customs of those days when the boys and girls were required to do their part in the domestic economies. He did his share of the "chores," such as the care of horse and cow, splitting and piling wood, filling the wood boxes, making morning fires, and making and attend- ing the garden. On his father's farm he became familiar with all farm work. With an ox team he drew slabs from Seymour's sawmill for the ditches made to drain the "swamp " lands now Marvin park. He first attended a school taught by Clarissa D. Wheeler, on North Main street, subsequently district school No. 2, taught by Calista S. Jones, and others. After that a select school by Deliska and Delnora Weld, followed by a few terms at the Jamestown academy, E. A. Dickinson, principal. He then weut to Hartwick Seminary, Otsego county, N. Y., for a short time. Desiring acquaintance with commercial methods he attended the business college of Bryant & Stratton at Buffalo. After graduating he became book keeper for Marvin & Co., but soon assumed the management of his father's business, which he continued until the death of Judge Marvin, January 11, 1892, discharging the duties with conscientious, loving care for twenty-four years, consuming the greater part of the most valuable period of his life without thought of suitable remuneration, relieving his father from perplexing details, and affording him opportunity to pursue his legal profession and the enjoyment of the means resulting from his investments.
Mr. Marvin's abilities attracted attention, being industrious, quick of apprehension, with keenness of observation, he acquired the reputation of a conservative and successful business man. In 1867 the firm of J. S. Cook & Co. employed him to sell their lumber in the markets along the Alle- gany and Ohio rivers, and to conduct their financial affairs, requiring the exercise of judgment in securing prices and purchasers. Near his majority he conducted a sale of property, amounting to $110,360, and later another sale of a property amomiting to $127,000. Mr. Marvin appreciated the con- fidence that was bestowed in him in connection with these sales. He nego- tiated two other sales of property of about $100,000 cach, and other pro- perties of different amounts. His circle of acquaintances is extensive, and is not confined to one section of country, or one class of society. He has asso- ciated with the successful men, as well as those not as fortunate, and as youth and man he has mingled with the strong rugged men of other days whose transactions are historical in this vicinity and along the rivers, nearly all of whom are now among the departed. These associations were valuable to him, in teaching him to think and act in rearing the superstructure of his own life. In his business undertakings he has been reasonably successful with scarce an exception. In the adjustment of the various and complicated business interests in which his services have been sought, in'only one has he received
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adequate compensation. Others have reaped the benefit of his experience, anxious cares, risks taken and lessened vitality. In 1870 he became a partner in the firm of J. S. Cook & Co., and soon thereafter reorganized the business under the name of Marvin, Rulofson & Co., which firm still con- tinues.
Mr. Marvin has taken part in the social, business and political affairs of Jamestown and vicinity, and his aid in fostering and maintaining the welfare, of his native place has been important. In the Jamestown Volunteer Fire Department, he became a member of Ellicott Hook & Ladder Co. No. 1 Feb- ruary 4, 1867, and was made foreman June 1, 1874, and " time " honored as such until June 1, 1880, giving time and money in advancing its efficiency and improving its standing, infusing energy and pride into the department. His administration originated the change from the big leather hats, red shirts and black " pants" to the tasty dress now used and the modern methods of drill and discipline. He is now an active honorary member. In the "Fire- men's Association of the State of New York," he was much interested. He- was made chairman of the executive committee in 1876, the following year first vice-president, and the ensuing year president, and the next year a life member. In convention the successful work of Mr. Marvin in elevating the character and tone of volunteer firemen, and imparting a spirit of emulation in cultivating the habits and virtues of a gentleman as well as the qualifica- tions of a good fireman, was recognized by the adoption of a commendatory resolution. To his efforts are somewhat due the change in dress, drill and deportment of the Volunteer Firemen, not only in New York State, but in other states.
In politics Mr. Marvin has been a reliable Republican, has taken promi- nent position in the political affairs of his town and county, and for years did much work for his party. His labors were particularly shown in the presidential campaign of 1880. At a late hour, at the solicitation of earnest Republicans, he assumed the chairmanship of the executive committee of the Republican Club of Ellicott. Work had lagged, but under his manage- ment interest was aroused and one of the most perfect organizations effected that the town had ever known. The result was a republican majority of 1,139. Mr. Marvin received a letter from President Garfield thankfully acknowledging the handsome vote given. In 1880 Mr. Marvin was chosen supervisor of Ellicott, which included Jamestown. He served four succes- sive terms, but owing to other cares, declined requests for a fifth reelection. He was continued for one year chairman of two special committees, that of "State Benevolent Institutions," and "On the Poor Interests of Chautauqua county." He was a painstaking, hardworking and influential member. In ISSI he was a candidate for state senator from the 32d district. In conven- tion fifty ballots were taken, Mr. Marvin coming within three votes of the
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nomination. He was an elector on the Blaine ticket in 1884, and has repre- sented his district in state conventions. He is a member of the Union League Club of New York city.
His executive ability was used in transforming the " swamp," situated in the northwestern portion of the city, into useful grounds known as Marvin Park, upon which for a number of years the annual meetings of the Chan- tauqua County Agricultural Society have been held. In 1886 Mr. Marvin was chosen president of the society, serving two years. He was one of the organizers of the Chautauqua Lake railroad company, its first vice presi- dent, and two following years its president. On his resigning resolutions were adopted by the directors, from which we extract :
Resolved, That the directors of the Chautauqua Lake railway company, learning with regret of the intention of Robert N. Marvin to retire from the boar 1, desire to place upon record their high appreciation of the able and conscientious manner in which he has discharged the duties devolving upon him as president, as vice-president and as director in this company since its organization ; they desire to bear testimony to the wisdom and efficiency of his services given to the company at the sacrifice of his own time and convenience, and at a time in its history when his experience, judgment and labor were of the utmost value to the enterprise. In closing our association with him, the directors further wish to testify to the high estimation in which they hold the business qualifications and personal character of Mr. Marvin, and they regret that the company is to be deprived of his counsel and care.
At a later period Mr. Marvin was elected a director.
Mr. Marvin and Mr. Willis O. Benedict were executors of the large estate of the late Mary A. Prendergast, and it is remarkable that this historic family (except in the loving gratitude of a favored people) is ended, and it is an expression of the estimation its last survivor entertained of the ability of these executors in selecting them to perform her written bequests, the sacred inheritances of those who preceded her to the home of Eternal Union, thus indicating her confidence and preference as to who should receive the courte- sies for, and guard the memory of the dead. Mr. Marvin was chairman of the committee that had charge of the preparation and publication of the memorial to James Prendergast in 1880. His brothers having renounced their executorships, he became sole executor of his father's estate. With others he is an executor of Dr. C. Ormes' estate. A number of those who left small properties, the accumulation of hard daily toil, selected Mr. Mar- vin as their executor, and in one of these estates, its payment to the devisee was left to Mr. Marvin's discretion and judgment. He has served as arbitra- tor, trustee, general and special guardian and in cases his advice and coopera- tion has been sought in the formation of enterprises of private and public character, and in the confidences of private homes. A committee of which he was chairman raised about $6,000 for founding the "Gustavus Adolphus Orphanage Home." He was chairman of the committee that raised over $20,000 for railroad purposes and treasurer of the fund. He is one of the trustees of the "James Prendergast Library Association of Jamestown, N.
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Y.," selected at the request of Mary A. Prendergast ; a director of the Chau- tauqua County National Bank, elected to fill the vacancy caused by the death of Alexander T. Prendergast ; a member of the Chadakoin Club ; an advisory member of the State Charities' Aid Association of New York ; a member of the advisory board of the Hospital branch of the Women's Christian Associa- tion of Jamestown, N. Y. He was a member of a committee that represented the bondholders in the sale and reorganization of Point Chautauqua. With feelings of fraternal interest he cherishes the recognition of services rendered Post Brown, G. A. R., by the " gold crowned staff" presented by the patri- otic, history-covered veteran members, July 14, 1888.
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