USA > Ohio > Bench and bar of Ohio; a compendium of history and biography, Vol. II > Part 22
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Very Truly David J Nye
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DAVID J. NYE, Elyria. Few mien at the Ohio Bar and on the Bench deserve greater credit for the position attained than the Honorable David J. Nye, who is now one of the judges of the Court of Common Pleas for the dis- trict embracing Lorain, Medina and Summit counties. David J. Nye was born in the town of Ellicott, Chautauqua county, New York, on the 8th day of December, 1843. His father, Curtis F. Nye, was a native of Vermont, and as a young man removed to New York, settling in the central part of the State with his parents. When of age he removed to Chautauqua county, where his son David was born. Shortly after David's birth he went to Otto, Cattaraugus county, where the son received his early training. His mother, Jerusha Walkup, was also a native of Vermont, settling with her parents in New York while in her girlhood. Young Nye attended the district schools until he was eighteen years of age, devoting much time during this period to work on his father's farm. He then entered Randolph Academy for the spring and fall terms of 1862, and in the winter taught district school, return- ing in the spring of 1863 to Randolph for one term, and the following winter taught near the academy. In 1864, upon the invitation of a friend, he came to Cuyahoga county, and taught school for four months in Bedford township. The following spring he returned to New York, remaining until fall. He then settled in Ohio, teaching school in Boston, Summit county, for the winters of 1865 and 1866. In the spring of 1866 he entered Oberlin College in the preparatory department. Up to this period he had taught school during the winters and worked on the farm in the summer. In 1867 he entered the Freshman class, and thus his collegiate course commenced. He continued to teach school during the winters, but, however, applied himself with such dili- gence as to take an honorable position in the class, passing all the examinations required of him with credit, just the same as if his attendance had been regu- lar, completing his college education in the prescribed term of four years, and received his degree of Bachelor of Arts in 1871. In July, 1883, Oberlin College conferred upon Mr. Nye the degree of Master of Arts. Not only was be able to maintain his literary standing as a student in college, after giving one-third of his time to the work of teaching, but during the Senior year he filled the position of superintendent of schools at Milan, Erie county, to the entire satisfaction of the board of Education. More than this, he found time to keep up the study of law. The bent of his mind from early boyhood had been toward the law, and his determination to qualify himself for the profes- sion was firmly fixed even before he began to teach. Upon entering Oberlin College he bought a copy of Blackstone, which he studied assiduously during his leisure hours. There seemed to be no limit to his capacity to read and study, or to his versatility. He could manage a large public school, teach some of its classes and hold steadily to liis course in classical, psychological and literary studies, at the same time mastering the fundamental principles of law as laid down by Blackstone. After he received his degree, and at the solicitation of the board of education of the Milan schools, he accepted tlie superintendency for another year, in the meantime pursuing the study of law.
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He was admitted to the Bar at Elyria in August, 1872. From the time he entered Randolph Academy until he was admitted to the Bar he paid all his expenses by his own labor, receiving no financial aid from any other source. In October following his admission to the bar he went West, locating at Emporia, Kansas, where he engaged in the practice of his profession. Finding that a residence there would not be congenial to his taste, five months later, in March, 1873, he returned to Ohio, and entered the office of John C. Hale at Elyria (now the presiding judge of the eighth Circuit). Here he pursued the study of law under the direction of Judge Hale for one year. In 1874, being qualified and self-reliant, he opened an office at Elyria and proceeded to build up a practice. He continued in active practice for seventeen years, and during this period established himself in the confidence not only of the profession but of the public in general. He served as prosecuting attorney of Lorain county from 1882 to 1885, and was also county school examiner for a time, and a member of the board of education and member of the city council at Elyria. In 1891, when it became necessary to elect a judge of the Court of Common Pleas, several aspirants for the honor presented themselves. The attorneys of Lorain county agreed among themselves that the Republican members of the Bar should choose the candidate of the party to be supported by the attorneys of Lorain county, and that their choice should receive their unani- mous support. In pursuance of this agreement Mr. Nye was chosen. He received the nomination of his party at Medina in July, 1891, and was elected in November following, and entered upon the discharge of his official duties on the 9th day of February, 1892. His record as a judge has tended to con- firm the public estimate of his character and to advance his reputation in the profession. It could be truly said of him that he is an excellent lawyer and an able jurist. Always successful as a practitioner, his work upon the Bench gives promise of being equally successful, and after nearly six years it can be said that as a judge he has done what but few jurists have ever accomplished-made himself not only satisfactory to lawyers but to litigants. Being a man of good business attainments, possessed of an accurate knowledge of the law, his advice to clients, and services in their behalf, have won for him an excellent position at the Bar. As a lawyer and a judge he has achieved success and occupies an honorable position. As a judge he has taken great pains to examine the authorities submitted by counsel, and to obtain a correct and clear under- standing of the law as well as the evidence in the case, being careful and con- scientious because he is actuated less by pride of opinion than by a desire to reach a correct conclusion. His judicial opinions are not only plain and easily followed, but they are usually strong enough to bear review by a higher court. In one important case involving the right to have debts deducted from national bank stock for taxation, Judge Nye held that such deductions could not be made under the laws of Ohio. This decision was afterwards affirmed by the Supreme Court of the State. During his service on the Bench, but one criminal case has been reversed that he has tried. Judge Nye is now serving his second term, having been re-elected in 1896. He 'possesses that kind of
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civic virtue which is allied to enterprise and public spirit. He is a stockholder in the Garford Manufacturing Company, the largest manufacturers of bicycle saddles in the United States, and a director and stockholder in the Savings Deposit Banking Company of Elyria. In politics Judge Nye is a Republican and thoroughly grounded in the principles of his party. Socially he is a mem- ber of the Masonic Order, being a Knight Templar and Ancient and Accepted Scottish Rite Mason. In 1880 Judge Nye married Luna, daughter of Alfred Fisher, Esq., of Cuyahoga county, Ohio, a highly respected citizen, being one of the early pioneers who settled at Independence. Mrs. Nye is a true and faithful wife, an affectionate and devoted mother. By this union there are two sons, David Fisher Nye, born October 27, 1882, and Horace Hastings Nye, born August 4, 1884.
ROLIN W. SADLER, Akron. The late Rolin W. Sadler was born at Center- ville, Michigan, July 7, 1855. He removed to Ohio in 1867 with his parents, who located at Bryan. His father, James G. Sadler, was born of English parents in Ireland. His mother was Loretta J. Sutton, of Scotch parentage. In 1871 young Sadler entered Baldwin University, where he remained one year. He then entered Mount Union College, Ohio, and was graduated in 1874. The two years following he was principal of the public schools of Read- ing, Michigan, and Bedford, Ohio. In 1876 he entered the law office of Edgerton & Kohler, at Akron; was admitted to the Bar in 1878, commencing practice at once in Akron. In 1879 he formed his first partnership with the Honorable J. A. Kohler, now on the Common Pleas Bench and once attorney-general of Ohio. This partnership was dissolved in 1884 upon Mr. Kohler's election to the attorney-generalship. Mr. Sadler then formed a partnership with Harvey Musser, which lasted eighteen months. He then practiced alone until 1892, when he became a member of the firm of Marvin, Sadler & Atterholt. In 1895, upon the appointment of Judge Marvin to the Circuit Bench, the style of the firm was Sadler, Atterholt & Marvin, D. L. Marvin being the junior member. This was the style of the firm at the time Mr. Sadler received the injuries caused by the running away of his horse, which resulted in his death three days later, February 22, 1897. In Septem- ber, 1880, he was married to Carrie M. Comstock, of Bedford, Ohio, and by this union two children were born, a son and a daughter. Mr. Sadler was a devout member of the First Methodist Episcopal Church of Akron. He was a Republican who always took great interest in party affairs and made many speeches in Ohio and other States. He never sought or held political office. The following estimate of Mr. Sadler as man and lawyer is taken from the proceedings of the Akron Bar, at the meeting held after his death :
" Unlike most young lawyers, who are compelled to sit and wait for a clientage, and to endure what some one has called 'dignified starvation,' Mr. Sadler was offered, and accepted, an advantageous partnership with one
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of his preceptors, Mr. J. A. Kohler, now one of our Common Pleas judges of this district. This partnership, together with his extensive acquaintance, formed largely as we have above indicated, gave him plenty of business from the start, and at once afforded him an opportunity to bring into play those splendid faculties with which he was by nature endowed, and which, even then, were finely developed. From the date of Mr. Sadler's admission to the Bar he was identified, not in a formal or nominal way, but actively, with much of the important litigation, civil and criminal, in this county. His life became a part of the judicial history of this part of the State. His practice was as general as his abilities were varied. He was not a specialist ; he was an all around lawyer. His specialty as a lawyer was the law, and he mastered every branch of it. The lawyer of the past has been essentially the student and advocate; the lawyer of to-day is the man of business, of tact-the counsellor. Mr. Sadler combined all these qualities. He was as ready with figures as is the trained accountant or the skilled book-keeper. He seldom erred in giving advice, for he never advised except as he was thoroughly informed, and he was usually informed. He was skillful in examination, and a master in the art of cross-examination. As an advocate he had few superiors at the Bar of Ohio. The compliment he once paid an associate in the defense of a client who was technically guilty of a crime, justly applies to him. As he listened to the eloquence of his colleague he whispered to one of your committee who was seated at the Bar table beside him, 'That is art- consummate art.' He was master of the art of advocacy. He was devoted to his cause ; he was always true to his client ; he never betrayed him. No one could truthfully say that Mr. Sadler did not do all in his power, exert himself to the utmost, honorably to win his cause. Lord Brougham, in his celebrated defense of Queen Caroline, in speaking of the duty of the advocate to his client, said : ' To save that client by all means and expedients, and at all hazards and costs to other persons, and, among them, to himself, is his first and only duty ; and in performing this duty he must not regard the alarm, the torment, the destruction which he may bring upon others.'"
With the qualification "honorable " before the word "means," Mr. Sadler filled the requirements of Lord Brougham. In the trial of a cause he knew but one man, and that man was his client. He had tact. He was full of resources. If one resource proved unavailing,' he resorted to another and another until the victory was his. These qualities, so essential in an advocate, and which Mr. Sadler possessed so abundantly, may be best shown by an illustration. He was trying a cause to a jury. He singled out one juror and directed his argument to him. His opponent at once objected, and the Court suggested that he should not single out any one juror, but address the entire panel. Quick as a flash he turned and said : " Well, gentlemen of the jury, if I were permitted to address Mr. Smith, I should say," and he proceeded to state what he had been addressing to the single juror. He was honorable not only to his client, but to his associates and to his opponent. He never settled a case with an opposing client without the approval and consent of opposing counsel. He was always watchful, not only of his own, but of the fees of his associates and of opposing counsel. He believed that the lawyer, like the lay- man, should be paid for his services, and he discounted and condemned every effort upon the part of the client to defraud his counsel. He believed that lawyers should not underestimate their own services, knowing that such esti-
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mate would be adopted by their clients. Socially, Mr. Sadler was kind, genial and companionable. He appreciated enjoyment, and had a keen perception of the humorous. His varied literary tastes led him to read history, fiction, biography and poetry. His addresses and arguments were marvels of rhetoric, and were always adorned with the choicest of classic and historic gems. His efforts were always brilliant, never commonplace. Had he been spared to still further develop his splendid abilities, we believe he would have become not only one of the great lawyers of the State, but that he would have attained National fame. His tragic end 'illustrates the truth of the saying, " Death loves a shining mark."
CHARLES BAIRD, Akron. Charles Baird was born at Akron on the 25th of March, 1853, of Scotch parents. His father, Robert Baird, a blacksmith by trade, was born in the parish of Kineff, Kincardineshire, Scotland, and came to this country in 1843, settling at Akron. His mother, Helen Knox Moir, was born in Brechin, Forfarshire, Scotland. She came to Akron in 1846, where she was afterwards married to Robert Baird. Charles Baird's education was in the public schools of his native town. Passing through all the grades he was graduated from the high school in 1872. He afterwards took a course in Latin and Greek at Buchtel College. On June 20, 1888, the board of trustees of Buchtel conferred upon Mr. Baird the honorary degree of Master of Arts. In August, 1873, he entered the office of Upson & Ford and began the study of law, and on the 2nd of November, 1875, was admitted to practice by the Su- preme Court of Ohio, at Columbus. Returning to Akron he next day formed a partnership with Honorable W. H. Upson, one of his preceptors, the firm of Upson & Ford having been dissolved and Mr. Ford having left for an eighteen months' trip through Mexico. The partnership of Upson & Baird continued until Mr. Ford's return, when the firm became Upson. Ford & Baird. In March, 1883, this partnership was dissolved upon the appointment of Judge Upson to the office of justice of the Supreme Court of Ohio. Mr. Baird con- tinued in practice alone, Mr. Ford retiring from practice. He was at this time prosecuting attorney for Summit county, having been elected first in 1880 and re-elected in 1882 for a three years' term, serving five years. In 1891 hc formed a partnership with E. F. Voris under the firm name and style of Baird & Voris. This firm was dissolved in 1895, since which time he has practiced alone. Mr. Baird has from the time of his admission to the bar been most active in the profession, enjoying a large practice of a general character. He is a lawyer of exceptional ability. Possessing a fine legal mind, with acute perceptive faculties, he is quick to grasp the principles of the law and to dis- cern the finer distinctions, so as readily to apply the authorities to a cause. Ile has always been a student and his close application has enabled him to se- cure an enviable position in the profession. Clear in his conceptions, strong in the power of reasoning and forcible in expression, he prepares his cases so as to protect all vulnerable points and conducts the litigation with much tact.
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His arguments of law before the court and of the facts before a jury are most effective. His diction and style are perfect. He is recognized by the Bar of Akron to be the leader at the present time. In recent years his practice has developed into an extensive corporation business. He assisted in the organiza . tion of the Diamond Match Company, and has since been one of the attorneys of this great corporation. In connection with Mr. O. C. Barber, of the Dia- mond Match Company, he organized the Portage Straw Board Company, which has its mills at New Portage and Circleville, Ohio. Subsequently he assisted in the organization of the American Straw Board Company, and was its first secretary. He was one of the incorporators of the Goodrich Hard Rubber Company, and has since been one of its directors. In 1890, with Mr. O. C. Barber, J. K. Robinson and A. T. Page, he purchased the present site of the town of Barberton, the title to the property resting in him as trustee. He assisted in the organization of the National Sewer Pipe Company (the largest company of its kind in the United States), the Sterling Company, the Creed- more Cartridge Company and the Barberton Belt Line Railroad Company. In the management of all these corporations Mr. Baird takes an active part. In 1891 he assisted in the organization of the Neracher Sprinkler Company, with its works located at Warren, Ohio. This company was afterwards merged into the Neracher & Hill Sprinkler Company, of Columbus, Georgia. In November, 1892, the Neracher & Hill Company and the Providence Steam and Gas Pipe Company, of Providence, Rhode Island, were consolidated in the General Fire Extinguisher Company, of New York, with a capital stock of $3,000,000. Mr. Baird looked after the legal part of this work, and has since been a director of the company and its general counsel. He is the adminis- trator of the Cummins estate and one of the executors of the will of Thomas W. Cornell, which is the largest estate ever administered upon in Summit county. In politics Mr. Baird has always been a Republican, and in the early years of his practice took an active and lively interest in party, affairs; but in recent years he has been compelled to devote all his time to the practice of his profession and the management of his extensive business interests. On the 10th of February, 1882, he married Lucy Allyn Voris, a daughter of Gen- eral A. C. Voris, and by this union there are five children: Alvin V., born December 3, 1882; Helen Elizabeth, born August 30, 1884; Betsey Coe, born June 11, 1886; Charles, born October 15, 1888; and Katharine, born Novem- ber 19, 1890. Mrs. Baird and all the children are living.
DAVID L. MARVIN, Akron. D. L. Marvin was born at Kent, Portage county, Ohio, November 17, 1862. His father, Honorable U. L. Marvin, now on the Circuit Bench, is a native of Ohio, of English ancestry. His mother, Dorena A. Rockwell, is also a native of Ohio and of English descent. In 1866 his parents removed to Akron, where he attended the public schools until sev- enteen years of age, when he entered Kenyon College as a member of the
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class of 1885. He left college in 1882 to accept an appointment as examiner in the United States Pension Office at Washington. He was at that time the youngest man ever appointed in the pension bureau. Two years later he resigned to take up newspaper work and was correspondent at New Orleans during the Cotton Centennial Exposition. While at Washington he attended lectures at the Law School of the Columbian University. In 1886 he was elected assistant civil engineer of the Ohio Public Works, with headquarters at Columbus and re-elected in 1888 and 1890. During his stay at Columbus he read law under the direction of Honorable J. A. Kohler, then attorney-gen- eral, and was admitted to practice in 1889. In 1891 he resigned his office, came to Akron and became the junior partner of the firm of Marvin, Atter- holt, Slabaugh & Marvin. One year later the firm became Marvin, Sadler & Atterholt. Upon Judge Marvin's appointment to the Circuit Bench the firm became Sadler, Atterholt & Marvin. Since the death of Rolin W. Sadler in February, 1897, the firm has been Atterholt & Marvin. While Mr. Marvin has only been in practice a few years he has demonstrated that he possesses those qualifications which go to make a lawyer. He is naturally a bright and attentive student, quick to see the weak as well as the strong points of a case. He is exceedingly careful never to advise a client until he has first satisfied himself as to the law involved. In pleading he is especially strong. Possess- ing a genial disposition he makes friends readily. He is a man of high moral character. In 1888 he married Frances Saxe Fish, and they have one child, a daughter, five years old. Mr. Marvin is a member of the Psi Upsilon frater- nity and of the Loyal Legion of the United States. He is a Republican in politics and for many years has been a member of the executive committee. Mr. and Mrs. Marvin are communicants of St. Paul's Protestant Church at Akron.
JOHN C. WELTY, Canton. John Cullen Welty was born in Tuscarawas county, Ohio, September 10, 1852, but has lived in Stark county nearly all of his life. Upon his father's side the family has for three generations been iden- tified with the State of Maryland, and upon his mother's side for the same time with the State of New York. In each of these States his ancestors were prominent in public life, and unusually energetic in the promotion of whatever cause they espoused. His grandfather on the mother's side rendered notable service during the war for independence. The father of our subject was a farmer, and his own early days were spent upon the farm. He attended the public schools for some time, and afterwards entered Betheny College, West Virginia. Upon leaving there he went to Mt. Union College, in Stark county, and there completed his course. He read law with Judge Seraphin Meyer, of Canton; was admitted to the Bar in 1877, and immediately commenced the practice. About one year afterwards he was elected city solicitor, and was re-elected for three successive terms. This is a distinction never accorded to the incumbent of that office, either before or since, and the honor was the more
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pronounced from the fact that it was conferred upon so young a man. It was appreciated as a token of confidence and respect, and undoubtedly stimulated its recipient to the achievement of still higher purposes ; it also gave him a taste of the well earned approbation and applause of his fellow men. In 1884 he was elected prosecuting attorney of Stark county, and was re-elected in 1887. From that time to the present, although devoting himself assiduously to the practice of his profession, he has constantly grown, step by step and year by year, in the public eye and in public favor until to-day he is one of the most popular political leaders in his State. He is a man who not only makes friends, but he holds them. His evident earnestness and sincerity of character and purpose warm people to him, and compel honesty and sincerity from others. A friend of his once remarked that associating with him always recalled the lines ---
" Be noble and the nobleness that lies in other men, Sleeping but never dead, shall rise in majesty to meet thine own."
Mr. Welty, with his numerous occupations and engagements, is a lawyer all the time. He is devoted to his profession and loves its practice. An ardent student, he is indefatigable in his researches, and indomitable in his energy. No labor is too great, no pains too tedious for him to get at the bottom of every detail and every point of a case. At the same time, probably his great- est power is shown in conducting an important case in court ; he is then in his element. With his case well prepared, his brain charged with every point involved, and with the authorities bearing upon them, he is ready for the intel- lectual contest. Cool, calm and deliberate, in action and speech, he is never off his guard. His never-failing courtesy to his opponent, his consummate tact in meeting every point and every emergency, not only display his ability and accomplishments, but indicate clearly and emphatically his strength and great reserve power. He is an eloquent and impressive speaker, either in court or on public occasions. His matter is always well considered, his argu- ment clean and concise, his conclusions distinctly drawn and positively stated. He is a powerful political speaker, never wearies his audience, but holds them from beginning to end. The strong points of his subject are emphasized, and stated within the comprehension of his hearers ; he never descends to subter- fuge or the petty tricks of the stump orator. His impressive appearance and earnestness, and his great personal magnetism, bring his hearers very near to him, and inspire them with a confidence bordering on affection. In 1896 the Democratic district convention was divided upon the issue of the single gold standard, and the split in that convention was referred to the State convention at Columbus, Mr. Welty had charge of the interests of the silver contingent, and after a bitter struggle achieved a signal victory. The opposing element appealed to the National convention at Chicago, and notwithstanding the fact that the National committee was in full sympathy with the single standard gold element, Mr. Welty won his case and seated his delegates. His straight- forward, frank and manly contention disarmed animus and rendered trickery abortive. The real points at issue involved legal questions and methods of
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