Pioche daily record. [volume] (Pioche, Nev.) 1872-1876, 1873-08-24
EX-SENATOR NYE AS JUDGE.

John W, Forney, leading journalist
of Philadelphia, and for a time Secre-
tary of the United States Senate, has
been writing up "reminiscences of the
prominent men of our country. No
man Is better fitted for such task than
Forney, and here is Renaissance of
james W. Nye, late Senator from Ne
vnda which is very interesting:
When James W Nye was very young
man, not more than thirty, he was APP
pointed one of the Common Pleas judges
for his native county Of Madison, n. Y,
and gave great satisfaction by his popu-
lar manners, personal courage and large
humanities. Nye was always favorite
with the old Democratic leaders of the
Empire State, especially with Martin
Van Buren, and William L. Marcy. AL
though an extremely Democratic parti-
san, his ready humor and instructive
! generosity made him the center Of con-
/ siderable following. Few men surpassed
J him in private conversation, or public
/ speaking, as those who enjoyed his socl-
ETY. and heard his speeches during the
war need not be reminded. But to the
incident l intended 10 relate. When he
became Judge of the Madison courts he
one day visited the county prison in the
character of an inspector, and was sur
prised to find among the inmates a Lao
of twelve or thirteen years of age, sent
there to await his trial on q charge of
theft Struck by his youthful appear
ance, he asked him whether he was guilty
. of tha ahn ufainCt hin, 10 vrb,nh he
boy at once replied in the affirmative.
He said that his father and mother were
miserably poor, and that in desperation
he had broken into a corn-crib and sup
piled the family with corn. Believing
/ from the lad S manner that he was worthy
| of being reclaimed, he called on a neigh.
/ Dor and had him bailed out to make his
/ appearance at court. At the opening Of
| the sessions the lad and his surety were
on hand, the young judge appealed to the
District Attorney to enter a nOlle pros,
which that officer sternly declined to do
on the ground that the boy had confessed
his guilt, and that the end Of justice
must be indicated "Well, then" said
Judge Nye, :" viii state the facts to the
jury and take the responsibility. The
jury was impaneled and the case came on,
and the District Attorney presented the
facts with much feeling; after which,
the Judge said that he would simply state
what he knew of the case, without calling
counsel for the defense. After relating
what he had heard in the Jail from the
lips of the boy, (and you may be sure he
did his best to correct the emphatic pre-.
sentation of the officer Of the law,) he
| turned to the jury-box and declared that
he did not believe there was a man of the
twelve that would cody vote to send this
young creature with blasted reputation
out upon cold and heartess world.
1t is needless to say that an instantane
GUS acquittal followed. After the ad
journment of the court the Judge sent fol
the boy and found that he and his par
ents were very destitute, and that he was
naturally bright and intelligent, ambi
tious to learn, in good health, and haG
| previously borne an excellent character
Governor Marcy was at that time Secre
tary of War under President James X
Polk. To him, therefore, as one of hi.
closest friends, whose lead he had fol
lowed in the Democratic party from hi.
first vote, Judge Nye wrote letter relat.
ing the story as / have tried to tell it, and
asking him to secure for the lad the ap.
pointment of cadet at the military acad
envy. In answer, Governor Mary said
that he regetted his inability to comply
with this request; that the possible va.
cancies at West Point had been filled in
advance, both by the Congressman and
the President from his list at large but
that he had it in his power to send him
to the Naval Academy at Annapolis. The
lad was accordingly entered among the
acolytes of that admirable institution, and
by good conduct and close application
rose rapidly in the service. During the
war he was one Of the ablest of Admira
Farragut's captains.