Lexington weekly intelligencer. (Lexington, Mo.) 1871-1887, 1876-07-08

to conduct his defense by species OF !
moral triangulation. ,., I'D .
THERE'S probably no case in which Mr..
Tilden has been employed that required I
the exercise of SO high range Of meta
physical powers, or in which his pene- IL
tration of character appeared to greater K
advantage. His defense seemed almost
creation, and the result produced the Y
more profound impression as it removed
whatever doubt existed in the minds OF l
the people as to Mrs. Cunningham's
participation in the murder of Burdell.
The conviction took immediate pos
den conducted the case for the prosecu-
ton when she was under Indictment.
she would undoubtedly have been con-
that the surrogate did not confer letters
of administration upon Mrs. Cunning
ham. or leave her any further pretext
for wearing the widows Grape. =i.' II
His defense of the Pennsylvania Coal
Company Ill It's suit With tho 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 the
enlargement of their canal. the
coal company should pay for
the use Of their canal extra toll
equal to such portion OF one-halt the
reduction in the expense of Transports
tion as might result from such enlarge
| ment. In due time the canal company
put in their claims for extra toll. Ihe
coal company denied that the cost OF
transportation had been reduced, or that
they had derived any advantage what
ever from the enlargement. After tedi-
GUS and futile negotiations. suit was in
stituted by the canal company and Mr..
Tilden was retained for the defense.
The case was tried before Judge Hoge-
boom, of the supreme court. sitting as
referee. Seventy odd days were consumed
| in the hearing, and testimony offered
by the plaintiff tlls several large printed
volumes. As in the Flagg case. the plan
of the defense, as advised by Mr.. Tilden.
was surprise both to court and
counsel. ,r a..u. .'."1f..
The amount claimed was 20 cents
ton on an annual transportation of five
i or six hundred thousand tons year for
some ten years. besides royalty OF the
same amount for an indefinite future. 1t
was crisis in the fortunes of the Penn
sylvania Coal Company, through which
it was successfully conducted. -.
Il Among the more important cases in
which Mr.. Tilden has 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 a trustee cannot be
] a purchaser of property confided to him
for sale, aud he successfully illustrated
and settled the equitable principle on
! which such sales to directors are set
, aside, and also the conditions to give
tn EN- validity. Mr.. Tilden's success in
rescuing corporations from Improbable
: and embarrassing litigation, in reorgan-
izing their administration. in re-estab-
r. fishing their. credit and in rendering
, their resources available. soon gave him
, an amount of business which was limit
ed only by his physical ability to con-
Since the year 1856 it is safe to say
) that more than half OF the great railway
, corporations north of the Ohio and be-
l tween the Hudson and Missouri rivers
have been at some time his clients. The
/ general misfortune which overlook many
7 ofthem between 1855 and 1860 called for
. some comprehensive plan for relief 1t was
7 here that his legal attainments. his un-
t surpassed skill as tinancier. his unlim-
, tied capacity for concentrated labor, his
!. constantly increasing weight Of charac-
l ter and personal influence found full
t activity, and resulted in the reorganiza-
ton of the larger portion Of the great
: network of railway, by which the rights
D Of all parties were equitablY protected,
: wasting litigation avoided, and con-
8 dition of great depression and despond-
t ency in railway property replaced by an
e unexampled prosperity. His relations
p with these companies, his thorough com.
! prehensions of their history and require.
s ments, and his practical energy and de-
e cision, have given him such mastery
r over all the questions that arise in the
= organization, administration and finan.
d cial management of canals, as we'll az
J. railroads, that his influence more thar
e that OF any other man IN the country
l. seems inseparablY associated with 'theil
d prosperity and success, not only in nj:
d own country but abroad. 1t is, we be-
,r lieve, an open secret that his transatlan
tic celebrity brought to him quite recent
t. " an invitation from European creditor
N Of the New York and Erie Railway tt
g. undertake reconciliation Of the variou
,e interests in that great corporation, whicl
le the proprieties and duties of his otficia
e. position constrained him to decline.
e. Fill the war came Governor Tilde
i, made every effort to avert the rebellion
le When his efforts, combined with thos
at of other prominent patriots, had prove
N abortive, his convictions of duty wer
IN perfectly decided and clear. They wer
r. to maintain the integrity of our terrltor
e. and the supremacy of the constitutions
" authorities. He had been educated i
of the schools of Jackson, and had been
to diligent student of the lessons taught b
e. the notification controversy of 1888. H
IN had studied carefully and profoundly th
p relation of the Federal and stat
or governments, and OF the citizens of thos
governments. He had thus early forme
he perfectly clear and settled opinions
as about which his mind never vacillatet
er They were the opinions of Jackson,
ey Van Buren. OF Wright and of Mare,
with whom, during most of their publ
ed lives, he had been on terms OF persons
a intimacy.
he During the winter of l960-61 he atten,
Sc. ed meeting of the leading men of bo,
tai parties in the city of New York, to col
lr- slider what measures were necessary al
for practicable to avert an armed collisit
VS. between what were then termed the fir,
ar and the slave states. To the North
tn. urged reconciliation and torbearanc
of approaching as he did more clearly ths
al most OF those around him the fearful Al
ase disastrous consequences of a civil wa
she whatever might prove Its ultimate resu
er To the south he urged q Difference to tt
~ will of the majority and respect for Il
The provisions OF the federal constitutio
lit within which they would be sure of ad
the auate protection for themselves and
er- their property; but he warned them tn
M outside of the constitution they cou
use expect protection for neither.
my When the war did come Mr.. Tild
the associated himself with and was t
ex- private adviser OF Mr. Dean Richmor
ma then at the head of the democratic pal
stul of his state, and who was accustom
on on all important questions to visit \
ind Tilden in his retirement and seek
by counsel.
ed, At the meeting held at the house
'ro- General Dix, just alter the first call
'on- President Lincoln for $4,000 troops, n
i'm Tilden was present and participated
or the discussions which took place.
.on- | thor, opd tbara axnresSel the Onin