New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1877-12-13
TIE TANDERBILT WILL CONTEST

CERTAIN TESTIMONY STRICKEN OUT.
THE SURROGATE DECIDES AGAINST THE CONTESTANT
Is REGARD TO EvIDENCE-w. X. THoRN's TEs
TIMONY
Again Yesterday the Surrogate's Court was
crowded 10 when The trial Of the Vanderbilt viii
case was resumed before Surrogate Calvin. Attach
menfs were ordered Tor several Witnesses and then
Scott Lord began his argument support OF the line OF
testimony which Ee presented az the last session lie
commended thar declarations Of The testator could be ao
ntted TO show his mental condition and that the tes
m0ny sought % DE brought before the court Woud $40"
conclu.ivey that the testators mind Was affected by
dclusions He then cited number OF eases in support
OF his position
Judge Black argued that the declaration Of the Com
modore that h. regretted the clauses in the VIII he had
made and that he thought he acted wrongly IN taxing
the advice OF Dr. Linsly and WIN. II. Ndnderplt III
excluding his daughters from the room was certainly
proof that he wa, very weak-minded on this subject
Not that he was insane hut that he weak-mnded
The weakness shown in the whole course OF Ms me
i- bump OF acqusItiycUess was very large ana III t
tiyafcd the passion for amassng wealth To te INJURY %
every other faculty Ia other matters his mental facu-
ties had TO give way 70 that one passlon-the loFe
/ M tnoDey-vbich with him was mania The
rolling u OF large fortune seemed 10 him the chief END
of mans life. Morally aud intellectually hIs mind was
bowling wilderness. and TINS rendered him hable 10 be
mora weakness. Judge Black asserted that the te,ii
WoHy relative 10 The weakness Of The t0um"t're u.i
should heard II the Court decided ait.rWdfu I"
stIi@ n rom the record The only question whether
H. fTrit wa ~ be- reached IN tis Wav aud he Thought
tie only by which such atdr-s OF nlhd c"u
/ bc a-c,ltaIued was hy the testJtui hlm-eil. .-
Henry T. clinton followed in behalf II the proponents
Of the viii Ho said IL had never necn conc de INA, me
contestant COud introduce testimony incorrectly lnNih~
mental weakness until 10 had been shown ttt the i!,-
tai weakness insanity really existed Ia ihl, case tAe
testimony en'irei! the Other WaY. OuA tueIt We
ness on the part of the testaor at the times when
,t VIII ana i i1aSais. N Th uihSTitic. Wefe
/ entirely agreed upon this subject Ine qu.s-
ton was TO the soundu'-- oi the t's't''I
ind at the time or making Oh. VIII. aud no testimony
had been introduced u tins ease 10 SHOW tHat Nohu'
II cai We! htt wa" au a. 80 ,- A. 60 foi
it would ae competent 20 adiuii nee ' m y U
,iii gal-ln, and # calrvoy auce WAS an INSANITY lHe"
Jude Comstock spoke 90 some Length TO- the same line
Of argument after which a recess wa, taken o., .
After Che rurrOgtte Calvin rendered d.. ar. To-
csi0n upon Tie motion winch had been "t "cl . Ihr
questions which have been SO ADJ! argued ttiol me-
he said "are Dot free iron cmb'rrass ment on me
mr.. q., s.i0n az To tue striking the testimony !e
spec;us ciIyOy belief, there seems 10 nave been "
universal Acceptance oil !s ~ ces oi e'lerL, NAsI
wa, nut tus Is too remote ahi shou.a ID. 7,,'.''i
out on the second motion Inc testimony lI"of,u
10 DE suis g o on h. -sro;,ed tGat he had made
tie Will; hat he Thought lie uad Gohc wrong ana 'I.
been TOO much influenced by hs son william aud Di
Iaus.y am of opinion tnat "a dtcl ration Eaae al
relcc; upon the question of TIE mental capacity c me
t.st4tor when made that instrument, ana should o.
stricken OUT Inc surrogate -.IpoI'eI it,> C' 't .
the quotations Of numerous altaonts counsel LOT ~
U1tUut loon tAttltlou ~ t-' "'Ni'i'N ~" 49, 49,
/ William X Thorn was then called the stand. He
testified Chat his marriage 10 tO4iDaiOrc ahtl-
bit's daughter hC much Cf the tUulnDdoft VIII
| u,s. sad that before William T. came from Staten
Tins lie told witness that Lt Vas Iccut
aIy embarrassed: lie had borrowed 5000; there were
/ executions against Llm aud hs father Wohu noi
! eve han an tmug. He asked Wi c>s 10 tah
! 10 the Commodore and try 10 influence MN
/ TO assist him tNilliaul. This WAS about ni-
| tren wears ago Witness did tax with the Com
m0doIc who used harsh terms, say iug, william has oiC
me thar be- making $4,000 year of Ills farm ou
staten Island. Now WAat las Ar dome with t!t doIt
lecy, that hc has orl-agcd us farm t. LIS uriZu'r
sh thing Ike th3t NOU want ne 10 pay hls debts Wei.
s,ud I'm ami VIII pa5 tAuu' Witness then So"
william. NiG l1 taJr De did not Ike 70 ~ 90 hl, father,
/ Tor Ge always treated him htFsnY.
Witness teI that lu 1873. before going away for
the S,mlacT he called WIKI his e upon Commodore
paydye SAID: " Commodore, YOU have some grand
! ca!ldlcu. / know III! Thuru's children, and tIcy
I nice children on. sos - rtilrl the tUmWUiOrr,
they very nice children. ont trt ore moi Wander
! are your grandchildren" 1le Commodore Tcpe ted
that they enough. 1ut they uOl Nalucl
buts. 1lcu hc turned tile Sub, ct
trO-s-tA anlutG by Mr. CLINTON, the witness said that
William and his vile spent TIE first Winter after their
| marriage DO Ls family. The witness aud IS wife
whether not William and bis wife went directly O. has
house live after their wedding TIP. The witness
| tuucd " and my family have always Occu intimate
| with William and Ls family, and arr today uo not
| know whether nor william ln comfortable err
cuustances H. IsI3, when the Commodore made the
trp 90 Europe ~ his steamer ME Jaorn created
IN me Court DS repeatedly asserting 10
Mr. Clinton OJsrrv dOLs, Hl able 20
zee, myself Clinton" The adjourned until
/ tomorrow al II O'Clock.