1846, Mr. O'Conor opposed the proposal tirement was taken up with the celebrated that the Court of Appeals should sit at Al "Spike case." This was an action by Henry bany, on the ground of the inconvenience to Burden, of Troy, against Erastus Corning the profession in traveling long distances. and John F. Winslow, for infringement of his To which Mr. Jordan replied that it would patent for making railroad spikes. It was be more convenient than to have the court decided that there had been an infringment, held " first in New York, then at Saratoga, and it was referred to Walworth to ascertain then at Rochester, then at Buffalo, and then the damages. This inquiry lasted many perhaps at the Pine Orchard, or on the top of years, cost a great amount of money, and Mount Holyoke or the White Mountains. gave rise to bitter animosities. The Chan It was hard to conjecture from their late cellor was accustomed, quite properly, I perigrinations where they would be found think, to draw for his fees, from time to time, next." first on one party and then on the other. Much of the Chancellor's later life was Mr. Burden told me, some years before his passed, disregarded of St. Paul's injunction to death, that the litigation had cost him "avoid vain genealogies," in constructing a $60,000, and that he had no doubt it had genealogical history of his mother's family, cost the other side as much, and the inquiry was still proceeding. I am now informed the Hydes. When finished, this volume ex tended to nearly 1 500 pages. So keen was by the most trustworthy authority that Mr. he on this scent, or rather this descent, that Burden paid out in this litigation $90,000, one of his family advised him to put out a and that the defendants paid him as much sign, " Cash paid for Hydes." In this and probably more! The award of dam undertaking he visited many New England ages was a mere trifle — a few thousand dol lars. For a long time one witness in the grave yards, and like " Old Mortality," de ciphered many almost illegible inscriptions. case was engaged in computing the cubic He traced himself on his father's side from contents of the spikes manufactured. An Lord Mayor Walworth, who struck down the other witness went on the stand an unmarried great rebel, Wat Tyler. President Tyler man, and when he finally came off from it, traced his own descent from the latter, it is he was the father of a legitimate child. Mr. said. Mr. Edwards relates a story of the Burden died before he could bring the re Chancellor and the President — ben trovato port before the court. Mr. Corning also e non vero — how the latter had nominated died, and the sons of the parties came to the former for a seat in the Federal Supreme gether and settled the case. The " spike Court, when William Paxton Hallett, clerk suit" preserved the odor of chancery after of the Supreme Court in the city of New chancery had gone. The Chancellor's con York, an active politician and a warm friend nection with this case gave rise to reflections nearly approaching a scandal, but how much of Samuel Nelson, called the President's at tention to the fact of Walworth's claim of 6f the prolongation and expense was due to descent, and that he had the Walworth him, and how much to the bitterness and arms framed and conspicuously hung in his determination of the defence it is im house, and at the same time he spoke a possible to determine. As all the parties good word for Nelson. The result was that and all the counsel are dead, it is impossible to tell h'ow much the Chancellor had for Walworth's name was withdrawn and Nel son's substituted. It would be interesting fees in this case, but it was currently reported to trace the history of this affair, but it is to be an unprecedented amount. It is safe to say that although the Chancellor got a not easily ascertainable. vast amount of money out of the lawsuit, it Much of the Chancellor's life after his re
