The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1877-12-20
VANDERBlL7'S MONEY.
Cornelius Con tinues the Story
Of His Life.
HORACE GREELEY's CLAIM.
Simmons, the Lottery Man, as a
Creditor.

Tho further hearing Of the argument and testimony
In the Vanderbilt will was resumed before Sur
rogate CALVIN yesterday. Tho counsel Tor the con-
tcstants ex-Judge Black NJ Scott LORD and MT.
Allen; Tor the proponents exJudgs Comstock and ME-
Clinton. The attendance was even larger thn on any
previous day. There appeared TO DO great desire on
the part OF the public hear tho testimony OF Mr..
Cornelius Vanderbilt The morning session was oc-
cupied with dry legal argument and IL was not until
late In the afternoon anything elected from
Mr. Cornelius Vanderbilt that compensated the audi
tory patient attention. THIS. as VIII be seen
by the report OF the proceedings given below, was
brought out in the cross-examinaton by Mr.. Clinton,
and was the cause OF considerable comment
Ex Judge Comslock said that he desired TO know
IRON counsel what was Intended to be proved by The
admission OF testimony objected TO ON the previous
day.
Nr. Lord said II intended TO prove that, az
about month before the making OF the will the
Commodore had become on good terms with Cornelius
J. Vanderbilt and that William II. caused some one 10
psrsonate Cornelius j., who acted in very disspated
and immoral manner; that detective followed and
reported the immoral and dssolute conduct Of the
supposed Cornelius j., resulting in tho Commodores
turning against his son once more and his subsequent
Injury under the Will
some then occurred between counsel as TO
the meaning OF ..iraudn and "undue influence" which
resulted ia The Court saying that IL was quito CON-
petent 10 show undue influence at any stage Of the
proceedings and that would be better for counsel TO
address themselves TO the question whether the tes-
timony OF the witness fraud, he being non
contestant, Was admissible.
Mr. LORD said that there was a witness in attend
ance, lady, who was In bad state OF health and
who was DESTROYS OF gong South on Thursday, who
prepared 10 testify, but whose testimony was Of
somewhat similar character TO that which
The Surrogate had excluded. There was. how
ever, slight difference TO that OF previous
evidence and he would, therefore, state what
he proposed to provo by tho tness, and then take
the ruling OF tue Court. The name OF the witness was
Miss Mary Van Wyckc; she WIS one Of the persons
who lived with Mrs. Tut the trance medium, in 1879
who claimed have the power oil viewing tho interior
OF the BODY by The inspection Of lock OF hair Tho
witness would testify that Commodore Vanderbilt
visited Mrs Tuit until 1873, and that William II. Van
derbt that lady 1864 to 1874, ana believed
in her power as u trance medium.
Mr.. Clinton objected.
Surrogate CALVIN said that for the purposes Of the
case, tho witness may be regarded present aud
sworn Tho Court sustained tho objection and
Guided the evidence.
UNDUE INFLUENCE?
mr.. Lord then addressed the Court on the question
oil what undue influence was, the eye OF the law.
The question to be presented to the Court not who
were the contestants, but II was that TO DO
suggested the conscience OF the Court that II there
any undue influence it destroys the will. There
could be M division in which there part of the
wi, that good aud another that was bad. IL tho
Court found that tlfc Will could have been
executed except under undue influence, and this
was not the only element OF undue inaence
In this case, which before The Court then the
will could not be admitted probate. IL alleged
by the contestants That the VIII could not have been
executed except under undue influence by the propo
the residuary legatce, who might say that
though this will could not have been executed except
by the utterance his OF iaschooIs to his father
respecting Cornelius j. Vanderbilt, but went TO
that he had settled with Cornelius j. and therefore
his conscience relieved. IL that had
been confessed, but 1t was proposed the part
Of the contestants to prove IT, they had already
partly done, and 1t was proposed now go
piete the proof II did not make any difference
whether Cornelius J. Vanderbilt was a nop-contestant
Dr not Mrs. La Bau claimed that there was undue
Influence, and Cornelius j. Vanderbilt was upon the
stand to prove that. The evidence OF undue influence
must be admitted even If Cornelius J. Vanderbilt
had entered into u league with his brother
Tor the, proposing oil tho Will Ii I'M
que influence were s,.c,s established the w
question was really in nutshell. First-Could tho
surrogate admit viii 10 probate procured by undue
.uluencc-tnal is to say, will which would OF havos
been cxeeuied but under the undue influence OF
another persona Second-had the contestant right
iniucncc were 80 nearly synonymous mat there could
scarcely be possible distinction between them Of
any Importance, since the result OF either must DO the
same upon the testameutary act.
Ex-Judge Comsiock replied, and said that the real
ease that Mrs La Bau The cont stant, and 1t
was wnae she had TO complain o. that formed the
quest on TO be decided. Mrs La Bau's status IN Tho
vii had not been affected IN any degree by fraud. III
the could make appear that she had been affected
then she would acquire status TO which ut present.
apparently, she has no Claim.
Ex-Jud Black said that there doubt that
the burden oil proof was on the site OF the con-
testants, anu was proposed to show that there had
been fraud and undue influence, ana II would be
proved II the Court would receive 1t. The element OF
fraud vitated the instrument and rendered II utterly
void any oil It's parts. Therefore II was OF very
little consequence whether Cornelius ). Vanderbilt
was contestants or not IL was absolutely mpossi-
BILE TO tell what KIND OF will would been made
had free from the influence that Was
exercised ms nina with regard TO toe habits aud
the character OF MS younger son Cornelius The
icstator was evidently very weak oid gentleman,
with very caprlcious Will, sometimes treating his
offspring with passionate fondness and then with
brutality that was very remarkable.
The Surrogate SAID that he was OF an opinion that
the objection was not vol taken and thnt the evidence
was uutnisslDe.
II then being near the hour Of adjou nment re-
cess taken before proceeding to take testimony
CORNELIUS ). VANDERBILT
Mr. G. J. Vanderbilt was caiicd 10 the stand after
recess, and his examination was resumed by Mr. Lord
U Mr. Vanderbilt the question put TO you on your
examination was. whether Ia October and November,
1874. you were IN tue habit OF visiting gambling
Louscsy A. Not at that time
o. Or houses Of III Iamcs A. No. sir, was not,
aud have never been IA tue habit OF visiting sucn
Dir. Cinton-Does Your Honor admit that they may
prove this without connecting IT with anything
Tho Surrogate--l received ~ upon the assumption
that the necessary proof will be iound.
q during the Ieriod referred TO, October aud
November, 1874 dii you purchase lottery ticket IN
Wan strcetS A. 40, sir; never purchased lottery
tckcl IN my lie.
U Wnen your fathcr was taken sick, to be
hned TO the house. state whether or NOT you we're In
The Gityf a. Yes, sir, think was.
u Alter thai time how often did you your
fatncrY A. During his last siekncssy don't think
raw hiln ouI once curing JUS cntira s'cknesS
z STATE whether you were at the mousse ircquentiyY
A. was there every Jay, soinetimes three or four
times day.
U You can state, Nr. Vanderbilt, what persons
wi,uD you kLowcdsc kept you IRON the room OF your
IafhcL A. Chiefly Mrs Vanderbilt and AIRS. Craw
ford
Y. Mr. Vanderbilt, you spoke at one time oil asking
your brother TO give you place upon the central
RIrOad and oil a subseQucnL lnteTYeV YOU had with