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"Have you a case of his in court?" asked his wife. "No," hesitated the Judge, " but I might have in the future." Possessed of a vigorous and cultivated mind, of untiring devotion to the profession of his choice, he rapidly rose to dis- tinction, and about the year 1831 was elected by the Legislature to the office of Judge of the First Judicial District. He therefore removed with his family to Wheeling, and commenced to discharge the responsible duties of his office. He remained on the bench until the adoption of the amended Constitution in the year 1852, a period of about twenty years. His distin- guished son-in-law, Judge James Paull, thus wrote of him at his death:
" His prominence as a jurist was acknowledged by all of his associates on the bench who con- stituted the general court of Virginia. His pro- found knowledge of the law, his scrupulous im- partiality, his spotless integrity won and claimed the highest respect of the bar; while his official urbanity secured their warm personal regard."
In the "History of the Upper Ohio Valley" appears the following estimate of his judicial career :
" The longest term of service was that of Judge Joseph L. Fry. He was appointed in 1831 and served in the January term of that year. He served for twenty-one years, or until the Con- stitution of 1852 provided that the election of Judge should be by popular vote instead of by the Legislature. He became a candidate before the people, having George W. Thompson as his op- ponent. The latter was a man of superior social qualities and in every sense a popular politician, while the former was of a retiring disposition, mixed little with the people, and was austere, aristocratic, and dignified in his bearing. The result was the election of Judge Thompson and the retirement of Judge Fry. On the bench he was always dignified. He was fair in his treat- ment of the bar, but was never popular. He was well learned in the law, and it is doubtful if a more capable judge or a profounder lawyer ever sat upon the bench of the Wheeling Cir- cuit."
The foregoing sketch is excellent with one exception. He was never called an aristo- crat. He was shy by nature, a bookworm and a scholar. Such men, from very excess of sim- plicity, are rarely ever popular. His memory was fine, his intellect well rounded, his judgment unerring, and his whole life, both private and judicial, unblemished by a single stain. In pri-
* Judge Fry's well-known residence in Wheeling occupied a corner lot on Main Street, now known as No. 925. In its place stands the new dwelling of A. J. Clarke, Esq.
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vate he was modest and quiet, although not unsocial; very fond of music, had a keen sense of humor, and was a great lover of the beauti- ful in art, in literature, and in nature, although at times he was very absent-minded, or so much absorbed in thought that he was utterly oblivi- ous to his surroundings. Although in his seventieth year when he died, he would have passed for a man ten years younger. In 1844 Judge Fry was detailed for special service in the trial of three causes-The Bank of The United States against Andrew Beirne (two cases) and the case of the Farmers' Bank against the said Andrew Beirne. For some reasons a part of the judges of the Court of Appeals were dis- qualified from acting, and Robert Stanard, Esq., William Leigh, John Scott, and Joseph L. Fry were selected to sit on these cases (see Grattan's "Law Reports," Bank v. Beirne, p. 234). The personal friends of Judge Fry still living ex- press a warm admiration for him. Says Mark L. Spotts, a prominent clerk of Greenbrier County and distinguished citizen of Lewisburg : " Judge Fry the elder was accounted a very fine lawyer; never was much of a speaker, had not a great deal of power before a jury, had a slight imped- iment in his utterance; but in chancery or in difficult land causes he was a power." Although Judge Fry was on the bench under the old Vir- ginia dispensation, his residence and practice largely identified him with the new State. The tributes to his learning and integrity by mem- bers of the West Virginia bar who knew him are most hearty. Of many given, two are se- lected. Hon. Adam C. Snyder, late presiding Judge of the Court of Appeals, said: " An ap- propriate sketch of Judge Fry will prove a good chapter in the judicial history of the two States." Hon. James H. Brown, who was presiding Judge of the First Court of Appeals during the war period, writes to the editor from San Diego, Cal., under date of March 5, 1892:
" You have a good subject in Judge Joseph L. Fry, an able and upright judge who examined me and signed my license to practise law in 1841 ; and after he was off the bench and before I was on it, I was engaged with him in court together in cases before the Circuit Court and the Supreme Court of Appeals of Virginia. I thought him rather austere and reserved in manner at first, but in after-years and on better acquaintance I became very much attached to him."
He had fewer cases reversed by the Court of Appeals than any Judge who ever sat on the bench of the First District. The Wheeling Register, June 22, 1865, contained the following :
" The Judge was distinguished for great fond- ness of knowledge in all its various depart- ments and for the culture of a pure literary taste. His large and extensive library, the ac- cumulation of years, embracing the standard. -works of ancient, English and American litera- ture, both in poetry and prose, attests his devo- tion to these elevated pursuits. It may be added here the strongest convictions of his mind and heart were opposed to the doctrines and polity of State secession .* He openly and practically professed his belief in the revelation of Chris- tianity, and peacefully departed this life in the faith of the Gospel. Comparatively indifferent all his life to the acquisition of a fortune, he leaves the memory of his public and private virtues as his chief legacy to an afflicted family. Thus has passed away a pure Judge, a useful citizen, and an upright man."
To sum up his character, it might be said of him as of his illustrious ancestor, Col. Joshua Fry: "He was a man of so clear a mind, so mild a temper, and so good a heart, that he never failed to enjoy the love and esteem of all who knew or were connected with him, and he was universally lamented."
JAMES PAULL.
HON. JAMES PAULL, Associate Judge of the Supreme Court of Appeals of West Virginia, an eminent member of the Ohio County bar, and a highly esteemed citizen of Wheeling, was born near St. Clairsville, Belmont County, Ohio, on the 6th day of July, 1818, and died at his residence in Wellsburg, May 11, 1875, at the age of fifty-seven years. He was the son of George and Elizabeth Paull, whose ancestors were among the early settlers of Western Penn- sylvania. James Paull was thoroughly edu- cated in boyhood, and after completing pre- paratory studies at Cross Creek, Pa., he entered Washington College, and graduated from that institution in June, 1835. He came to Wheel-
* When Virginia seceded and his sons joined the Southern army, however, he removed with his family to Lewisburg, within the Southern lines, and remained there until his death in 1865.
Ja Pauch
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ing and, choosing the law as his profession, he learned the routine of practice with Zachariah Jacob, Esq., an able lawyer, and finished his studies in the law department of the University of Virginia. Mr. Paull continued his residence in Wheeling, where he lived up to within eigh- teen months of his death, during which time he resided at Wellsburg. For a short time after graduation he was engaged in teaching the higher branches in the Linsley Institute. In the years 1855 and 1856 he represented Ohio County in the Legislature of Virginia at Rich- mond, as a member of the Whig party. In 1872 he was nominated by the Democratic party and elected Judge of the Supreme Court of Appeals. He was the only resident lawyer of Ohio County ever elected to that position. Mr. Paull de- voted himself wholly to the law, in which he became eminent even before he reached the zenith of manhood. Never robust, but always industrious, the labors of the Supreme Court Judgeship proved injurious to his health. His associates on the bench begged him not to over- tax his strength, but he could not obtain his own consent to fall short of his full share of duty, and therefore kept on at hard work until his health gave way, and he fell just after his sun had reached its noon. His decisions were clear, able, exhaustive, honest. He left a high record as a judge, and as a citizen all who knew him esteemed him as an honest man. His de- cisions in the West Virginia Reports are among the most valuable contributions to the law of the State. The following admirable tribute to Judge Paull is from a biographical sketch of him by Hon. George W. Atkinson in "Promi- nent Men of West Virginia." The stamp of sincerity and eloquence is in every line :
"A truly good man's character rests on a granite basis, which sustains the structure of public virtue and private integrity, while an inflexible personal independence keeps guard over the intellect and conscience, and challenges the advance alike of friend and foe to this seat of power and secret of success. The subject of this sketch had no other aim in life than to be right and to do right. He did not defer to the decision of the popular judgment as the sum of political wisdom and the inevitable law of duty. His own and not the public sense was his rule of action as citizen, attorney, and judge. He paid little court to the people, and practised no artifices and employed no gratuities to enlist
them in his interests or purposes. He influ- enced men not so much by the sublimity of his sentiments as he inspired confidence and ad- miration by the dignity of his manners, the clearness of his understanding, and the purity of his life. Skepticism of all kinds was foreign to his mental constitution. Thoughtful and sincere, with characteristic independence of creeds and traditions, his was a nature to feel the religious sentiment strongest as it dwells apart in the silence of the soul. Profoundly spiritual both by nature and education, his life was an exemplification of faith in God and a Christian's hope of endless and more exalted life. Judge Paull was a man of fine natural powers of mind. These had been developed by the advantages of a liberal education in early years and by much cultivation in later life. In point of taste, culture, information, sound judg- ment, and the like, he occupied a very high place among men. In his tastes he was simple, but highly refined. Anything that savored of osten- tation was extremely offensive to him. Equally repulsive was anything that was in the slightest degree akin to vulgarity. He was a man of re- markable purity of character. He was always distinguished by the most unswerving integrity. Those who knew him best say that his life was as nearly blameless as it is possible for humanity to be. He was just, upright, God- fearing, and he loved his fellow-men. He was possessed of all the attributes that go to make up the full, noble character of the Christian gentleman, the highest type of manhood on earth. There are two relations in the life of this distinguished lawyer and jurist in which his character shone out with the greatest beauty. One of these is that of the family-the home- life. His home was the abode of the most de- lightful peace and love. As a husband and father, it is but truth to say, he was a model. His memory therefore in that circle must ever be cherished with a fondness that is not often equalled. The other of these relations was that of the Church. While yet a young man he united with the First Presbyterian Church, Wheeling, and at the end of more than a quar- ter of a century of religious living, no man could truthfully say that he ever brought reproach upon the cause he sought to uphold and defend. He was not a negative Christian. On the con- trary, he was an earnest worker. For eighteen years he was a Ruling Elder; he was at the same time a constant attendant upon the ses- sions of the Sabbath-school and week-night prayer services, always taking an active part. It can be said of him, as of but few public men, he was constantly foremost in every proper place in laboring for the good of his fellow-men."
Judge Paull was twice married. His first wife was Miss Jane A., daughter of the late
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Judge Joseph L. Fry, a lawyer of profound attainments, who for many years resided at Wheeling. They had issue three sons, Archi- bald W., Joseph F., and Alfred, all prominent and enterprising citizens of Wheeling. Judge Paull's first wife died March 9, 1860 .* He mar- ried Miss Eliza J., daughter of Samuel and Syd- ney (Heiskell) Ott, on March 19, 1861, who be- came his second wife and the mother of five children, all living at the time of his death and now surviving. They are: first, James, who married Marianna, daughter of J. G. Jacob, of Wellsburg, W. Va .; Harry W., manager of the Eagle Glass Works of Lazearville, a branch of the Nail City Stamping Company of Wheeling, and a bright and promising business man ; Samuel O., connected with the Nail City Stamp- ing Company ; and two daughters, Elizabeth B., wife of W. C. Jacob, and Margaret S., who with their mother reside at Wellsburg. Mrs. Paull and her family are active members of the First Presbyterian Church of Wellsburg, of which her eldest son, James, has been Elder for several years. Mrs. Paull's parents were native Virginians-the father of Winchester and the mother of Woodstock. Her father died in August, 1868, aged sixty-nine, her mother on August 5, 1882, aged seventy-seven. Both were devout Christians and earnest workers in the cause of religion, and their memory is an inspiration to good and useful living. Mrs. Paull resides in the commodious brick mansion which Judge Paull made his home, on a beauti- ful elevation in Wellsburg. In the "History of the Presbytery of Washington," p. 237, this ref- erence is made to the deceased jurist :
" In a sermon preached by Dr. Fisher in mem- ory of Judge Paull, he thus speaks of several of
these brethren: 'I remember him [Judge Paull] as the sixth of the ruling elders who have actively served this church during my pastor- ate and who have now gone to join the Gen- eral Assembly and Church of the first-born. The first was John Robertson, who went to heaven soon after I came to this city. He was a good man. The next was that sweet-spirited, upright man, Jacob Senseney. The next was Zachariah Jacob, a man of sterner mould, but one who lived and labored for Christ and who died in the faith. The fourth was J. Gamble Baker: he too was a man of God. In the other world he has a higher place. This world was not worthy of him. The fifth was Joseph A. Medcalf. The term of his official service was not long, but it was sufficient greatly to endear him to many for his kindness and peaceable disposition. And now James Paull is with these brethren, and Dr. Weed, and Mr. Wylie, and that godly company who from this church have ascended to glory. All who read of the noble career and untimely death of Judge Paull can- not fail to be impressed with the sense of loss and sorrow borne by his wife and children and shared by the community in which he lived. It is inexplicable to human understanding why men so gifted, so wise, and so good as he was are not always endowed with physical powers equal to their labors and responsibilities, and sustained to old age in the fulness of a glorious life. Their example, however, is imperishable, and Judge James Paull is a name that shall adorn the historic page of both State and Church among those " good and faithful servants" whose talents were used for their fellow-men and for the Lord to the gain of an hundred-fold.'"
ARCHIBALD W. PAULL.
ARCHIBALD W. PAULL, President of the Nail City Stamping Company and an enterpris- ing and well-known citizen of Wheeling, son of the foregoing, was born in that city, November 26, 1845. He was educated in Wheeling at the Linsley Institute and the select school of Prof. Wilson Harding. In 1861 he entered Washing- ton and Jefferson College of Pennsylvania, where he graduated in 1865. Two years later he engaged in the book, stationery, and notion trade at Wheeling and so continued until 1878, when he organized the Nail City Stamping Company, of which he is President. It is now one of the largest industries in Wheeling and employs three to four hundred hands. Beginning with a modest plant, the establishment now
*In the old "Stone Church Cemetery," at Elm Grove, six miles from Wheeling, is the burying-ground of the Paull family. Next to the marble shaft of Col. Archibald Woods, who died October 26, 1846, are the old-fashioned stone slabs marking the graves of his son-in-law, Col. George Paull, and his brother Archibald W., which bear these inscriptions : "Col. George Paull, died Feb. 9, 1830, aged 46. Col. Paull served in the Regular Army and as a Legislator with credit to himself and benefit to his country." "Archibald W. Paull, died Dec. 20, 1811, in the 22d year of his age. He was amiable and beloved by friends and companions, an affectionate brother, and a graduate of the College of New Jersey. He died in the faith of the Gospel." "Eliza Paull, wife of George Paull and daughter of Col. Archibald Woods, died July 29, 1827, aged 37." The granite shaft to the memory of Judge James Paull stands upon the highest point of the old cemetery, lo- cated as it is upon a hill, and can be seen for miles around.
CONTEMPORARY BIOGRAPHY OF WEST VIRGINIA. 125
occupies a four-story building 132 by 123 feet. The enterprise is growing so rapidly and the product meeting with such a demand in all parts of the world that a second factory has been put in operation on South Street, Wheel- ing. Many of the operatives are young women, who make a comfortable support at this indus- try. The company manufactures lamps of all kinds, kerosene and fluid railroad lanterns, of improved patents; also the celebrated Mason fruit jars and other similar goods. In 1885 a glass-manufacturing establishment was started in connection with the business. It is located in Lazearville, W. Va., sixteen miles above Wheeling. The highly successful manner in which he has managed the Nail City Stamping Company proves Mr. Paull to be one of the most enterprising and competent business men of the city of Wheeling, evincing peculiar tact and ability as an organizer and financier. So- cially he is a pleasant and agreeable gentleman, direct, unostentatious, sincere, and reliable, in every respect the worthy son of good parents, and with a most promising future. In October, 1868, Mr. Paull married Miss Caroline B., young- est daughter of Samuel and Sydney (Heiske11) Ott, of Wheeling. They have two children, Archibald W., Jr., and Irwin. Mr. Paull is a inember of the First Presbyterian Church of Wheeling and resides at Woodsdale, about two and a half miles east of Wheeling.
JOSEPH F. PAULL.
JOSEPH F. PAULL, a well-known busi- ness man of Wheeling, brother of the foregoing, was born in that city on the 29th day of No- vember, 1848. He attended Professor Harding's school and finished his education at the Linsley Institute, as upon his graduation in 1861 the Civil War broke out, and his contemplated course of study at Washington College was abandoned. In 1865 he was a clerk in the Wheel- ing Savings Institution, leaving there to engage with his brother, Archibald W., in the book and stationery business, continuing with him until 1871, under the style of A. W. Paull & Co. In 1871 he was elected Treasurer of the Wheeling Savings Institution, but before qualifying dis-
covered that there was a shortage of about $300,000. Daniel Lamb, Esq., was appointed Receiver, and Mr. Paull continued with him in liquidating the affairs of the institution, which involved much litigation and troublesome man- agement. The final exhibit and closing up of the accounts did not take place until some fifteen years after the bank became insolvent. In 1871 Mr. Paull left Wheeling and located near Connellsville, Fayette County, Pa., where he was engaged in the manufacture of coke. He remained there until the panic of 1873, which was disastrous to the coke industry for some time afterward. Mr. Paull returned to Wheeling and at once began the insurance bus- iness with Major J. C. Alderson, under the style of Alderson & Paull, which partnership contin- ued for four years. Mr. Paull was then elected Secretary and Manager of the Peabody Insur- ance Company of Wheeling, in which position he still continues, to the mutual advantage of himself and the stockholders. He is also a di- rector of the Bank of Wheeling, Underwriters' Insurance Company, and of the American In- surance Company of Wheeling-all popular and substantial-his brother Alfred being Secretary of the Underwriters' Insurance Company. In 1875 Mr. Paull married Miss Emma, daughter of Jacob and Rebecca Senseney, two of Wheel- ing's oldest and most worthy citizens. They have three children, James S., Joseph F., Jr., and Rebecca C. Mr. Paull is a member of the First Presbyterian Church, of which his distin- guished father was for many years the sixth Ruling Elder. The consistency, earnestness, and reliability of Joseph F. Paull are so charac- teristic of him that his name is a countersign for whatever is substantial in business, conservative in counsel, and reliable in finance. Like his brothers, he has grown to prominence amid the scenes of his childhood and enjoys the sincere respect and confidence of his fellow-citizens.
ALFRED PAULL.
ALFRED PAULL, a well-known business man of Wheeling, brother of the foregoing, was born in that city, October 14, 1854. Like his brothers, he was liberally educated. He pre- pared for college at the Wheeling schools, and
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then attended Washington College for over two years, but did not remain for graduation. He began his business career in Wheeling as Secre- tary of the Nail City Glass Company, in which position he continued until 1881, when he relin- quished it to go into the insurance business as Secretary of the Manufacturers' Insurance Com- pany. In January, 1885, he was elected Secre- tary of the Underwriters' Insurance Company of Wheeling, a position he still holds. He is also actively associated with other well-known enterprises of Wheeling, being a Director of the American Insurance Company and the Dollar Savings Bank. He is also a Director and Treas- urer of the City Hospital, Underwriters' Insur- ance Company, and Moundsville Mining and Manufacturing Company. Mr. Paull is a member of Bates Lodge, No. 35, F. A. M., of Wheeling ; of Wheeling Union Chapter, No. 1; of Cyrene Commandery, No. 7, K. T .; and is likewise a member of Osiris Temple, A. A. O. N. M. S. Of the last two bodies (Cyrene Commandery and Osiris Temple) he was the presiding officer for a number of years. Mr. Paull is a member of the First Presbyterian Church of Wheeling and a Ruling Elder in the same-a position of honor and confidence which his illustrious father adorned for many years. Mr. Paull shares with his brothers the reputation for probity and honor synonymous with their names individually and severally as among Wheeling's most notable and deserving citizens. On 9th October, 1877, Mr. Paull married Miss Lee B., only daughter of W. J. and Mary Irwin Singleton. They have four children: Mary I., Eliza, Alfred S., and Lee C.
MARMADUKE DENT.
DR. MARMADUKE DENT, a well-known physician and a prominent and honored citizen of Monongalia County, came of a family that has played a prominent part in the history of Monongalia and bears an honorable record in the county's annals. The first of the name upon the soil of the county was Capt. John Dent, who came from Loudon County, Va., to Monongalia in the early spring of the historic year 1776. He served in the Broadhead and McIntosh cam- paigns on the western frontier, and was (almost
beyond a doubt) the first sheriff of Monongalia County. He was a captain in the frontier militia under Col. John Evans, whose only daughter, Margaret, he married. Captain Dent became possessed of a large landed estate upon the waters of Dent's Run (which was named for him), and was a member of the Virginia Assem- bly, a justice of the peace, and served a second term as sheriff. He died September 20, 1840, aged eighty-five years. His wife survived him, she dying November 23, 1851, aged nearly eighty-eight years. Their children were twelve, namely: I. Elizabeth (Betsy), who was married to Rawley Martin; 2. John Evans Dent, who married Rebecca Hamilton and removed to Illinois; 3. George Dent, who died at New Orleans in 1805; 4. Dudley Evans Dent, who married Mahala Berkshire, aunt of ex-Judge R. L. Berkshire, and was drowned in the Kanawha River; 5. Nancy, wife of Capt. Felix Scott; 6. Nimrod Dent, who married Susan Graham; 7. Peggy, wife of John Rochester; 8. Enoch, who married Julia Gapin ; 9. James Dent, who mar- ried Dorcas Berkshire, sister to ex-Judge R. L. Berkshire; 10. Marmaduke, the subject of this sketch; 11. Ann Arah, the widow of the late Peter Fogle, the only survivor of the twelve, and who lives at Cranberry, Preston County, with her sons, Dr. James B. and R. Bruce Fogle ; 12. Rawley Evans Dent, who married Maria Miller. Dr. Marmaduke Dent was born at the old " Dent Homestead" on Dent's Run (formerly Scott's Meadow Run), about six miles from Morgantown, in what is now Grant District, Monongalia County, February 25, 1801. He at- tended the subscription schools at Laurel Point, one mile from his home, and received at them what was then regarded as a good common- school education. Being of delicate health and afflicted with the asthma, upon arriving at his majority he determined upon the study of med- icine, which he prosecuted with Dr. Enos Daugh- erty at Morgantown, remaining with him over three years, when, in 1825, he settled at King- wood, Preston County, and began the practice of his profession. He was the first resident physician of that county, and, at that early day, had a very extensive practice. Here, in 1827, he married Sarah, daughter of Col. William Price, of Kingwood, and the next year moved back to Monongalia, to Laurel Point, where he
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