The Wheeling daily register. [volume] (Wheeling, W. Va.) 1864-1878, 1876-06-30
.d From Second Paqs.l

nave '' Ana to this the original canvass
ten I Soan made. as usual, upon distinct
n nsu &c commonly called tallies. Inc
nit tally comprised three tooiscaP sneets,
Th,cb contained the original canvass VI
the split votes, aud transfers rom tue
mi. .nH Of the regular vote and the aggre'
'a,.S resnlt showing the nnmber OF votes
ga. zach candidate had received. Inc
III, of the regular votes had disappear,
sa 70 a. least could not be produced, ana
eu' Az was accounted for The papers
~ ~ III, ,sllIes, transfers and summaries
a., were produced correspondent with
~" oral testimony, and confirmed the
REALTORS theory OF the aliegeo 0f''' III
the return.
Sucb was apparently the desperate at
.;,nds of the Comptroller's case, when
NJ Tild.n was called upon to open for
.ha d.fense The defense if any could
ha made. had to be constructed upon tne
bss;s of the testimony offered BY the re-
Ia,nr for other testimony there was
nnne The return showed, as the law
required, the entire number OF votes
given IN the district, and the regular
Varieties of what are called regular votes
appesred from the prosecutors own orsi
evidence. On this slight basis OF actual
testimony Mr.. Tilden constructed an I'M
prepnsble defense. In his opening, ana
after reviewing the weak points in the
testimony of the relator which he was
enabled to discover by the light OF bis
midnight researches, he, for the hrst
time gives an intimation to his ad-
versarles of the weapon he had impro-
vised in night for their destructionl
Before Mr.. Tilden took his seat the
case was won, and Mr.. Flagg's seat was
secured. Within fifteen minutes after
the case was submitted to the jury they
returned with verdict in his favor.
Two years later Mr.. Tileen achieved
another, and In some respects, even
more signal profess. onal triumph, in the
Burdell-Cunningham contested will case.
Soon after Mrs. Cunningham's acquittal
on the trial for the murder of DR.. Bur-
dell, she applied to the Surrogate for let
tiers of administration and widows
third, on the II ound of private mar
riage shortly before Burdells death. Mr..
Tilden WAS retained by the heirs of DR..
Buldell TO contest the fact of the alleged
marriage. In this, as in the case of
Mr.. Flagg, Lis adversaries had all
certificate, the positive oath OF
the clergyman who solemnized the mar
riage, OF the daughter Augusta, the only
witness of the alleged ceremony, and the
subscribing witness OF the marriage GER
titicate, and of the two serving girls en-
ployed in the house For the defense
there was no affirmative testimony what
ever. Its only resource was the evolution
Of sufficient internal and external evil
deace on the cross-eXaminatlon, to over
throw the compact and careful srrsy of
the testimony of the petitioners. Though
satisfied in his own mind that Burdell
had been murdered, and by Mrs. Gun
ningham, and never married, Mr..
Tilden found himself unable to produce
single witness who, from personal
knowledge, could testify as to any
important fact about either the muir
der or the marriage. He had besides to
contend with the interchangeable energy of
the petitioners in producing willing"
witnesses ready to supply any defect in
her case rs fast az 1t was exposed. Mr.
TiIden adopted u course which, though
not entirely original in the profession,
was probably never more skilltully and
effectively put in practice. Proceeding
upon the principle 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 this
world, ard that tslsehood could only
be even apparently harmonized with =
limited number of facts, he determined
to conduct his defense by species OF
moral triangulation.
There is probably no case in which Mr..
Tllden has been employed that required
the exercise OF 50 high range OF meta
physical powers, or in which his pene
tration of character appeared to greater
advantage. His defense seemed almost u
creation, and the result produced the
more profound impression rs it removed
whatever doubt existed in the minds of
the people Us to Mrs. Cunninghsm's par
ticrpation in the murder Of Burdell.
The conviction took immediate pos
session of the public mind that had Til.
usI ''HuuNltt ku' NdsO lOi bhC PiOoCSu-
ton when she WAS under indictment9 she
would undoubtedly have been convicted.
II Is scarcely Necessary to say that the
Surrogate did not confer letters of ad-
ministral, Il upon Mrs. Cunningham, or
leave her any further pretext for wear
ing the widow ; Grape.
HIS defense ot the Pennsylvania Coal
Company in its SUIT with the Delaware
and hudson Canal Company is another
illustration of his legal abilities. The
Delaware and Hudson Canal Company
had contract with the Pennsylvania
Coal Company by which, among other
things, it WAS agreed in case OF the en-
lsrgemcnt of their canal the coal
company should pay for the
use of their canal extra
toll equal TO such portion of one-half the
reduction in the expense OF trsnsporta-
tion as might result from such enlarge
ment. IT. due Time the canal company
put in their claim for extra toll. The
coal company denied that the cost OF
transportation had been reduced, or that
they had derived any advantage what
ever from the enlargement Alter tedi-
Gus and futile negotiations, suit WIS Ia
stituted by the canal company and Mr..
TiiJen was retained Tor the defense. The
case WAS tried before Judge Hogeboom, Of
the Supreme Court, sitting Is referee.
Seventy odd days were consumed in the
hearing, and the testimony offered by the
plaintiff fills several large printed vol.
unes. As in the Flsgg case the plan of
the defense, rs advised by Mr. Tilden,
was surprise both to Court and counsel.
The amount claimed was 70 cents q
ton on an annual transportation OF five
or six hundred thousand tons u year for
some ten years, besides royalty of the
same amount for an indefinite future.
1t was crisis in the fortunes Of the
Pennsylvania Coal Company. through
which it WAS successfully conducted.
Among the more important cases in
which Mr.. Tilden has been concerned,