New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1877-02-24
MR.. TILDEN AS A WITNESS.
OLD RAILWAY OPERATIONS REVIEWED.

AFRAID OF NOIHING-HIs AVERSION TO POOLS
In the suit Of Henry ii. Body against VIM.
+. Ogden aud Samuel J. Tden 20 recover an over pay
by the plaintiff to his partners in the pool OF 1854
which vas formed buy up enough OF the stock OF the
Chicago and Galena Railroad Company to control con-
sohdation of that company with the chicago
and NORTHWESTERN Railroad Company Samuel j.
Tlden was yesterday called TO the stand on behalf
of his co-iefendant, Ogden Judge Sedgwick he
fore whom, in superior Court, Special Term,
the case pending has already decided that the statute
OF limitations protects Mr. Tlden from claim in TINS
suit Thc object OF caliiue Mr.. Tden was therefore
merely 70 dlscrcdt Mr. BOodys testimony, and the direct
examination was brief Tie cross-eXamnation was
broad and OF great length though Judge Sedswck ruled
that il could only extended TO show an Intimacy De-
tween Mr. Body ana Mr. Tdcn which the latter Denied
and all questions 20 the profits OF ME- luueh III u"S
actions in which both engaged were shut out
Mr. Tidcn at point of bis examination sugEesVeu
that the line Of questioning was such rs to hint
that il was prosecuted for other purposes than tat o
this suit. Dexter A. Hawkins who was conducting the
cross-cxsminatiCn replied that he was interested III
no other suit TO which Nh Tldcn was party ana tha'
Mr. Tldcn need be afraid Of any such object MI
Tiden sharply caught NJ the word afraid an sad ho
was not afraid Of anything that could DC brought 9'
him. and Judge sedgwck had to in;crfero to secure
peace. ,,,
MrTn5cn's appearance the same that was faInlar
10 the courts TN the trials Of Tweed except that the look
OF fatigue and droop Of the eycld and Ap Whleh was
then matter of comment were still more MARKED ana
the aspect of WEAKNESS only disappeared when the shap
crssoucsoning aroused him TO effort, and FAINT fuSh
of the check attested his excitement In his direct eX
animation Mr. Tilden said that his sole reia
lions TO the Galena pool that he had agreed Win
william Il. ogden. an old client OF MS 10 'ake
oncourth OF the risk incurred 10y Ogden in the purchase
OF the Gaena stock In tire course OF the business he had
suggested once the danger OF leaving loans as "ca
loans" He had never suggested that stock OF the
Chicago and Norh-Westcrn Company should be sold to
carry Galcpa stock ana never knew that It done
He did not hear ANYTHING abOp the settlement of August
1854 being temporary settlement aud IN TACT dd not
know Mr.. Body iu the matter His dealing was with
James Young Mr. Osd,n's fGctOtum Ioungs suggestion
was that all the Northwestern stock and money given
fr his Oiden 1900 shares OF Galoua stock had been
IL 10 nay for that Galena stock, except 500 shares o
preferred NORTHWESTERN s;ocS ana there was $4,000
still due Mr Tden consented To- take the 800 shares OF
preferred stock then quoted at 90 as cash at that price
and gave his check for the amount due from him. lie
thought that at YOunI's request lie made the cheek
puyabe TO Body. He knew then that the amount he
received less than STRIFE; settlement he would De
entitled 10. He was not, wien he agreed 70 take the
1000 shares Of Gaenl stock either director
or member of the Executive Committee OF the
Chicago and Northwestern Railroad Company
After the consolidation lie was asked TO become
a director and refused, hut when the election
took place he in Chicago ana foUnd his name on the
ballots lie objected but they told him that II might he
necessary to have him adrecOr IA TO make quorum
sometimes in NeH-Yoik lie yielded, and found that his
position was no snecuTe but consumed great deal OF
time and gave him much uncOmpen>ated labor.
On crosscxamnatou he said that nc was consulted in
1859 or lsGO-datcs rather dGnScrous-!n the Or
giizatun of the Chicago and Northwestern Railroad
Company, but was not the cumpanys standing counsel
and received salary from it. Perhaps he was con-
suited but only specific cases. lie was counsel for the
trustee, Of the bOudh0dcrs OF the Chicago ana Fond Gu
Lac Railroad Company, both Of the first and second
mortgages aud, he thought conducted tie foreclosure
o. those mortgages. He was not pa.d by the company
which succeeded but by his clients 1t was very small
compensation.
ON question by Nj Hawkins. Mr.. Tdcn here rcpndi-
atcd the idea that SIr. Niles was his counsel.
Mr. Tlden said that Mr. Body might have owned
some bonds of that company. lie had az impression
that Mr. Body did, and traded them on The witness
was trustee under the first mortgage OF the new com
pany.
Mr. Tlcn was then croSseXamncd at length a5 To the
local connection Of his Office the second floor OF
No 10 Wal-st and the office Of the CEc1ao and North
Western Railroad Company and the Office of H. H. Booty
d Co. His answers in the main that he did not
remember though his general impression was that most
Of the time his office was on the second floor and BoOdys
on the first floor He thought be did no business for the
Chicago and NORTHWESTERN for years after the com
pany was organized. lie thought IT had little legal bust
ness to be DONE Mr. Ogden constantly consulting
him on his business, and might have talked with INN
Oh the company business In after the Executive
Committee did, he thought, consult him Through MI.
Ogden.
He Cir Tiden) was a member Of the purchasing com
ttee on ire foreclosure Of the Fond du Lac road but
did not recoect meeting Mr. Body TO consult in regard
IL the exchange Of bonds OF that company though he
met him occasionally about that time He had all ni-
preston that Mr. Body became director Of the ne"
road. After 1864 he met Nj. Body as n director.
He had some memory Of a purchase OF bonds OF the
Milwaukee and Horizon Railroad COMPANY, but diI not
He did not remember shat Mr.. Body purchased bonds
and turned them over 10 be held He dId not remember
that either Body ogden was interested III lic Onl
ca4o aud Alton Company consolidation except tat nc
ougLt ogden held some 10 bonds In fact he thought
ogden took part in it. Inc witness WAS one Oh Tie
purchasing committee on that foreclosure.
In the Pittsburgh, Fort Wayne and Chicago foreclosure
he was cnunsc for the DOndhOldeTs AMI o! The l
chasing committee the sale, hui did not TeneHser
that Mr. Body took 2ny gar IN H. t nne
securities but Ions H. Meyers did TIE actual WORK OF
exaantinr IN the Chicago and Alton Company case, and
NiuslOw, Lanier Il Company IN the Fort wayne ana
Chicago Company case. lie was III great DOUBT hcihT
or moi he was director of the Chicago and Alton Rail
road C,rmpanv He was under The impression that he
had declined that position. MI Body was prominent III
tGe C6cago and COMPANY, bat not in any
OF te Other companies The witness did not think MS
relations with MI Body ever 80 contdentid that
m suggested that $50 shares of preferred TeIre laute
stock aud II 900 shares OF common stock OF That com
pany be put by the executive committee III 4r bYoi
name. question whether or not ne Ienchp re-" regcl
Ing any OF his stock irOm Hr. Boody was o. j. a 10
and excluded
Mr.. ;nldcn remembered that he had purchased some
bonds of the Rockford and KcnOsha Company. Nbeh
asked whether not this was Ia POOLING aiIahSth'h
he said, am not fond Of pools never knew one
where some one was cheated, and as don't propose
IN cheat myself don't Propose De cheated lie tes
tfrd that Mr. ogden propose combine the RJcaiOrd
and KenOsha Railroad Win the Nortl-N estefh lHau H
according TO his way got his friends to buy up bonus o.
flIc KCfJsla road. There 10 partnership. MI.
Ogdens habit not to call meeting - tax aDoo us
oI,ipcfs. He simply gOi- to take . shares,
another 10, another 3d. until his object was accom-
plisicd The witness DID not rcHember the particulars
Of fiat transaction, whether not ne was member
of line purchasing committee. He did remember attend
ing the sale. he did not member how finally Tue mans
aclon was closed, whether Ais bonds we're bodIht
a. a.i.n I.