The New Orleans Democrat., 1876-05-14
THE BURDELL MURDER.
ExtcusIv~ Metaphysical Powers Of the
New York Governor.

1hst1SavN HCs1R@SS. -
new York Governor.
On the ,st Of February, 1867, DR.. Har.
vcy Burdell was murdered in his own
Ms. Cunningham. widow lady, and
her daughter, to whom he had rented q
portion OF his dwelling, were suspected
q the murder. tried and found mot
guilty" Soon after her acQuittal she
applied tc the surrogate for letter Of ad-
ground Of . private marriage shortly
before Burdetl's death. Mr.. Tilden
vas retnAned by the heirs Of DR.. Bur-
doll - epateot tho fact OF the alleged
Aarrfs&c. II this. a. in the case Of
1r. Hh9x. his adversarics had oil the
al1rmaAlve testimony, the marriage cer-
1lcate, She pcsltivo oath Of the clergy
nan Who v0lcmui1ed the marriage, Of
tho dnsGhter, Augusta, the only witness
u the alleged ceremony, and tho sub
sOrlb6Ng WltAess to the marriage
oerdhsaAa. and OF the two serv-
tsg eoy1s employed IN the
hOuuo. For the defense there was no
al4rmaAfve testimony whatever. Its
only yeeOurCe was the evolution Of suf-
AClent internal and external evidence
wlA vnV - 4VUv ~ ONCltalVW
the cUmp0Ct and careful array Of the
testimcNy of the petitioners. Though
satis1ed IN his own mind that Burdell
hbd beco murdered, and by Mrs. Gun
Mlngham, nad never married. Mr.. Til
den fsuN6 himself unable to produce a
stngfU witness who, from personal
knOWle1Gc. could testify as to any i'm
pOrt1Dt fAOt about either the murder or
he n1eytage. He had besides to CON. /.
t<nd NM the indefatigable energy Of
p00tieaefv n producing willing" Wit
ne4oeo reo4y to supply any defect In her
eas0 - - - it was exposed. Mr.. Til.
1en utoo9o4 coursc which. though not
(atfuQ uGoUlasl IN the prOfeeaion, was
t1sey - = practice. Preceeding upcn
deisaes s(1fr. Nagg, that the truth 10
rooaso = oag perticuinr tact wss in
h1FuneoY. wieA every other fact In
ne weGads end that q falsehcod could
eniy - Agen apparently harmonized
With . Nlmltod number OF facts, he de-
sAr0ioe0 to conduct his defense by
se,ee6ee q moral triangulation. He fret
AllOwo0 TIE witnesses TO tell sheir stories
~ they had been taught to tell them,
and tkea questioned them IN regard to
Gthcr fAOt6 holding certain inevitable
rclAtiras 70 those elected on the direct
0KaminA61on, but which possessed in
themselves no particular Importance
the only objoct In fixing these points, In
driving theoe stakes rs It were. being to
preclude the possibility Of bringing wit
aceses 9 explain and alter the original
sAatememm without involving q contra
diotioN with these collateral facts. In
this way no was enabled to take up the
main Witnesses, who were few In num-
Der. ard gradually force them by rigor-
oals Cfoss-ekamtnation from one point
tAanOtAor until they would contradict
sOSnc of Ahese preliminary assertions.
That accomplished, they we're soon
xetnoraiised and broken down.
The saccess WITH which this process
WAS applted, especially to the Rev, DR..
Marvin, Who thought he had performed
the ceremony Of marriage, and Of the
daughter Augusta, who swore to the
room and bed OF the bride and groom's
cohabieaceon, was fearfully complete.
Though they had at first sworn posi-
lively to every essential point Ia the
case. before they left the stand they
were not only completely discredited.
but they dad not leave single presvmp.
tion In favor OF the marriage. He
xho~pd thak the clergyman had inno-
0ontly. perhaps, married another man.
and net Rurdell, and that on the night
q the alleged marriage, instead Of sleep
lng fn The. room adjoining the doctor's
Office, ~ Augusta had sworn, the widow
IN point Of faot slept on the floor above.
One hundred and fifty-two witnesses
were examined In this case. Mr.. Tilden
began summing up at six in the evenins,
continued Gll ten, resumed on the fol-
.,i !cw'nE En- morning Z; .sg q ten, and G;sntinued
" necessary to, say iaat the surrogate
did not cDpSer tesStTs of administration
upop nxs~. cunningham or leave her anv
isJshct I'retcxt for wearing the widow =
o<apc.
There IL probably no case in which
Mr.. Tikien has been employed that n.
quircd the exercise OF SO high range
M mctaphysical powers, or In which
nis pc0etraAion OF character appeared
TO greater advantage. His defense
seemed almost a creation. and the result
prouuoed Tie more profound impression
aS It removed whatever doubt existed in
The minds OF the people as to Mrs Gun.
participation in the murder
Of Burdell.
Inc conviction took Immediate boa. |
session OF the public mind that had
I1lden conducted the case for the prose- |
cutlon wheu che was under indictment |
she would undoubtedly have been con. /,
victed. This case occupies l47 pages in |
he fourth volume OF Bradley's REPORTS
Though Mr. Tilden exhibited ia both
81 these cases. as in all the great cases
With which bio name has since beer, MS.
sociatcd, traascendent professional
ability, hc Cid not win either merely as
lawyer. and IL l. worthy of remark
iere THAI Though, like Webster. one Of
ne hrBt lawyers Of the country. like
MIR: Tilden is rarely spoken OF
y regarded hy the public as a LAWYER.
lis professional endowmeDts, like Web.
ter's. Representing such limited pro
portion Of his greatness.
MIR. Iilden won these suits by the
'appy combination and exercise of ouaI.
ties which are not the exclusive or ne.
uliar property Of any particular profes-
ion ho is q political economist: he is
oegician he Is politician; he is man
4 the world. He is, besides, a great
swycr. Ia a trial, therefore, Mr.. Tilden
rings many resources which are far
rom common, even among the most
minont lawyers. 1t was this superiori.
Y and breadth OF deyelop,nanf which