The New Orleans Democrat. (New Orleans, La.) 1875-1876, 1876-06-29

.assureu. WHnin itfteen minutes after
tne case was submitted to the jury they
returned VIII, verdict In his favor.
| Tw0 years later Mr.. Tilden aehiavea
another, and la some respects. oves i.
more signal professional triumph, n thu
Bufdell Cunningham contested viii
case. soon after Mrs. Cenninvham'a y
ac1uittal on the trial for the mIirder I'll
DIR. Burdell, she applied to the Sarf0.
gate Tor letters of administration and Il
widows third. on the ground of a pri-
vate marriage shortly before Burdeli's
death. Mr.. I1lden was retained by tho
heirs OF Dr. Bufdeil to contest the fact
OF the alleged marriage. In this. Is In
case OF Mr.. Flagg, his adversaries hal
oil the affirmative testimony, tho mar
rage certificate, the positive oath OF ths
clergyman who solemnized the mar
riage, OF the daughter Augusta, the only
Witness OF the alleged ceremony. and
the subscribing witness to the marriages
certlilcate, and OF tho two serving girl5
employed In the house. For the defense
there was no Affirmative testimony what.
ever. lis only resources was the eyOis1.
/ ton OF sufficient internal aud extcrnai
evidence on the cross-examination. to
overthrow the compact and careful
array OF the Testimony OF the petition
ers. Though satisfied In his own
mind that Burdell had been murdered.
and by. Mrs. Cunningham, and never
married, Mr.. Tilden found himself un-
able to produce single witness Who,
from personal knowledge, could testify
as to any important fact about either
the murder or the marriage. He hAd
besides TO contend with the fndefatigable
energy OF the petitioners In producing
willing" witnesses ready to supply any
defect in her case as fast as It was en-
posed. Mr.. Tilden adopted course
which. though not entirely original In
the profession, WAS probably neycr
more skillfully and effectively pat In
practice. Proceeding from the pYin-
ciple which guided him In his defense
OF Mr.. Flagg, that the truth In regard
to any particular fact was In harmony
with every other fact In the world, and
that q falsehood could only be even ap.
parently harmonized with q limited
number Of facts. he determined TO con
duct his defense by species OF moral
triangriation.
There is probably no case In which
Mr.. Tilden has been employed that re-
quired the exercise OF so high q range OF
metaphysical powers. or in which his
penetration Of character appeared 10
greater advantage. His defense seemed
almost q creation, and the result pro-
duced the more profound impression a.
1t removed whatever doubt existed In
the minds OF the people as to Mrs. Cum
ningham's participation In the murder
Of Burdell.
The conviction took immediate po5yes.
sion Of the public mind that had TiIden
conducted the case for the prosecution
when she was under indictment she
would undoubtedly have been con-
victed. 1t is scarcely necessary TO say
that the Surrogate did not confer letters
OF administration upon Mrs. Cunning
ham. or leave her any further pretext
for wearing the widows Grape.
His defense OF the Pennsylvania Coal
Company In It's suit with the Delaware
and Hudson Canal Company is another
illustration Of his legal abilities. The
Delaware and Hudson Canal Company
had q contract with the Pennsylvania
Coal Company by which, among other
things, it was agreed in case OF tho en-
largement OF their canal the coal COM
pany should pay for the use OF their
canal extra toll equal TO such portion Of
one-haif the reduction In the expense Of
transportation as might result from
such enlargement. In due time the
canal company put in their elafm for
extra toll. The coal company denied
that the cost OF transportation had been
reduced, or that they had derived any
whatever from the enlarge
ment. After tedious and futile neg0tia-
tions suit was instituted by the canal
company and Mr.. Tilden was retained
for the defense. The case was tried
before Judge Hogeboom, OF theSuprcme
Court, sitting as referee. Seventy odd
days were consumed In the hearing, and
testimony offered by the plaintiff fills
several large printed volumes. Asin the
Flagg case, the plan OF the defense, as
advised by Mr.. Tilden, was a surprise
both to court and counsel.
The amount claimed was 20 cents q ton
on an annual transportation Of five or
six hundred tons year for some ten
years, besides a royalty OF the same
amount for an indefinite future. It was
a crisis in the fortunes OF the Pennsyl-
vania Coal Company, through which it
was successfully conducted.
Among the most Important cases In
which Mr.. Tilden had been concerned,
one in which his strictly professional
abilities appeared to special advantage
was the case OF the Cumberland Coal
Company against its directors, heard in
the State of Maryland in the year 1858.
In that case he applied for the first
time to the directors Of corporations the
familiar doctrine that trustee cannot
be q purchaser Of property confided to
him for sale, and he successfully Illus
LLatS4 anu SCLtlCu LILO C&ulttVlC OElQ8l~
pie On which such sales to directors are
set aside, and also the conditions to give
them validity. Mr.. Tilden's success in
corporations from improbable
and embarrassing litigation, in reorgani-
zing their administration, in re-estab-
fishing their credit and ia rendering
their resources available, soon gave
him an amount of business which was
limited only by his physical ability to
conduct it.
Since the year 1856 it is safe to say
that more than half OF the great rail-
way corporations north OF the Ohio and
between the Hudson and Missouri riv-
ers have been at some time his clients
The general misfortunes which over
took many Of these roads between 1855
and 1860 called for some comprehensive
plan for relief. 1t was here that his le-
gal attachments, his unsurpassed skill
aS a financier his unlimif0d cauncitY