The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1877-12-15
Progress of the Contest Before
the Surrogate.
MRS. DANFORTH'S TESTIMONY
Little Side Issues Between
the Legal Rivals.
THE COMMoCORE'S PROJECT

vous day, and deep interest taken In tho pro-
ccediugs All the counsel on both sides were present.
with Cornelius Vanderbilt, William II. Vanderbilt and
the latter's son. Cornelius Vanderbilt, Jr The morn
ing session was occupied by the testimony OF Mrs
Jennie Danforth ana the disputes of counsel rc-
garding It's admission rejection. Several offers OF
proof the part Of the contestants excluded by
the Surrogate tho grounds OF irrocvancy and rc-
motcness In the afternoon the taking OF testimony
proceeded rapidly several witnesses being Called but
their evidence did not appear TO be regarded as very
important by counsel for tho proponents, MS in many
instances they waived cross-examination. AT four
O'Clock the proceedings adjourned TIL next Tues
day morning, at eleven O'Clock.
STAND
Mrs. jennie Danforth recalled 10 tho stand whom
tho Court opened. She testified that she had at
tended the Commodore from to eight weeks; sho
Mrs. Vanderbilt on several occasions; she was
frequently alone with the Commodore; Mr.. Bennett
and girl with her at times
BY Mr.. Lord-Do you recoect any interviews be-
tween Com modore and his wife when the question
raised as to anything he wanted2
Mr. Clinton objected, and Mr. Lord said he proposed
to show that the Com modore times would wan,
things which his wife would prevent his having, show
ing showing her influence over him. Mr.. Clinton OBJ
jcclcd that the allegations did say anything about
the undue influence OF Mrs. Vanderbilt; II only men,
toned William H., his agents servants, and other
persons unknown.
The Surrognte-Any testimony which reflects upon
the influence alleged In the objections to the probate
ofthis will, though may be eight ten months
after tho time whom that will or codoci was executed
is competent rejecting upon that question ut the
time when the instrument was made; but II MRS
Vanderbilts pame is OF mentioned don't think that
the evidence is competent. don't think this general
allegation OF some persons unknown amounts 10 any
thing In respect to Mrs Vanderbilt as hor nano is
ng al
undue influence, Will hear the parties whether II Is
comprehenacd within that general allegation. think
shat prcsents allegation which We cannot try here.
Mr. Lord-lf AIRS. Vanderbiits name is objected to,
then II Is u matter OF amendment.
Tho Surrogate-Thc Court has no power to amend
pleading In tho trial OF a case
Judge Black 10 MI. Clinton)-lf you could show
Mr.. Ci,n.onMwhy, IN that case We would stop you
every ten minutes. (LaughteE)
vANDERBILT's INFLUENCE.
Mr.. Lord said he did rot propose 10 provo any dis
tinct utteranccs BY the Commodore Al times the
Commodore wanted things, and Mrs. Vanderbilt re-
slated him and he yielded On one occasion he said
to Mrs Vanderbilt, II ought 10 havo been permitted
10 see my ch'larcn," and sho SAID, sitting down by
you KnOw DR.. L,nsly says It would injure you
TO see your children, and In excluding your
LInsly." Mr. Lord made the superstition tina. DR..
Linsiy OF the agents OF William ii. Inc
point 49, sau ne ,nat the % makes tn,s de,
advice OF his physicians, whereas Dr.. l.lnsiy had
that he never gave any such advice. Mr.. Clin
which had already boon excluded The Surrogate said
Il squarely before the ruling Of the other day,
exercise OF influence by Mrs. Vanderbilt It reflected
upon his condition OF mind, and, as such no should
receive the testimony.
Mrs Daniorth IN answer to further questions, said
that there were quito a number OF times whom the
Commodore was dssatislcd he complained about
his food and sald he wished blanket his bed his
wife told him 1t was tho physicians orders and he
must submit
Q. What did Mrs. Vanderbilt sayY A. She said that
she perfectly satisfied and no must leave others
SOUND in body and mind TO judge for him.
Witness went on to relate how on one occasion one
OF his daughters called at the house. but witness could
not say which one; she was however. not admitted
the Commodore seemed TO DO angry; he requested
her 10 be admitted TO his presence the next time she
called; Mrs. Vanderbilt replied that she was under
instructor from Dr. Linsly and William not 10 admit
his children, especially Cornelius, IL would
excite him and do him great injury
CoUNsEL's DiPFERESCEs
Witness further testiiied called to at
tcnd the Commodore NJ four O'Clock IN the afternoon,
ut ten O'Clock at night and again ut two In tho morn
Ing Mr.. Lord offered 10 show by witness that
OF these nights The Commodore had told her that
william H. Vanderbilt DR.. Linsly and his wife mad
advised him to make the will nc did because Il
would BIO great honor 10 his name and tend 10 its
pcrpctuity
ruling OF the Court and intended for the newspa-
pers.
ject; Mr. Clinton know moro about newspapers than
he did,
was intended Tor the newspapers alone" This Mr.
Lord cmphatcally dcnied.
Tho surrogate-I have no power to prevent the oTcr
OF proof. wish tho counsel would understand that
this not trial by newspaper, and that reporters are
not here Tor the purpose OF administering justice In
TINS case, aud that they have OF influ
enco IN II Whatever they report; aud hope counsel
Will conhno themselves to questions egtimatcy bc-
fore the Court. Side remarks entirely unprofes-
sional and unbccoming the administration OF justice.
MIR. Lord thcn repeated his offer and IT was stricken
Mr. Lord propose TO show that the Commodore
sad that much OF what William had told HIM about
the other children was iaisc. Objected TO- stricken
| auIa MANI ak0
Mr. Lord-I propose to show that on one occasion
the Commodore complained TO Mrs. Vanderbilt that he
advice Of DR.. Liusly and William. Objected To-
stricken out and exception taken.
sion under the dciusion OF cialrvoyanco tho Commo
dore said Tho had communication from his dead
wife and would alter his will tomorrow
Upon objection this offer also excluded.
Mr.. Lord, seemingly not little vexed, remarkod-
looking iuil At Mr.. Ciinson-that the counsel on the
other side would object to anything almost this sde
OF the river Jordan, and II am thinking he Will have
hard tmo getting there"
"Yes" said Mr. Clinton, al wcro In your boatn
THE CRoss-ExAMIyArIoN.
Mr.. Henry l.. Clinton then crossexamined the wit
ness, who said that she went to tho Commodore's
house some tir,c III Nav anu saw Drs Lnsly and E-
OFT Ellsworth IN attendance; witness was OF and in
attendance, and thcrc several times all night
entering on her duties ten o'clock at night from
tue time witness Drst offended the Commodore until
she ceased her attendance sno was not auscn more
than twenty iour hours except al those times when
she would be sent away or week or So at tho end Of
which time she would DO recalled and resume her
| from O'Clock until hapast eleven, and stopped
NIL night In the house, rcsumng her attendance mt
! two O'Clock, when she would remain about hour
| ana halt her next call would be ut four O'Clock
| In the afternoon; witness remained IN the house
after the two O'Clock attendance until about
| o'clock Ia tho morning, when she would 20
| home and return at four o'clock; witness
| tho first three nights entirely aono with the
Commodore, the girl beng In the adjoining room,
ready to be called VI wanted; tho girl Lizzie was In
the adjoining room, or tho Same room, during tho
three nrst nights, but sometimes she asleep
tho chair witness knew she slept, because when tho
witness called the gir shc DID not respond at oncc
there was gentleman sitting up In adjoining
arouse the girl the first night witness
renamed with the Commodore In the same
room O'Clock until nine O'Clock
next morning; during that tno other per-
son entered the room; the second night she re-
NAMED the same number OF hours and only in.
tcrruptcd by Lizzie coming into the room at about
twelve O'Clock, two O'Clock and about
O'Clock; each timo she called by either the Com
modore or witness; no other person was present;
on the third nignt she was prcscnt the Same