The sun. [volume] (New York [N.Y.]) 1833-1916, 1877-12-05

l'Itu, anu SNlu llNt IL INu already been clearly
proved tAai II, the time that the will wac exc
cuied the Commodore WINS in full healtl , vigor
both ~ body and mind, and thm s.cn proof
ton oithe lower parts Of his bow. When ro dis.
swtcd two yccrs aftcrward. East wills and
tr@lalnrniS wrro usually mas In condition Of
made when the tostntor was in health and
vig.r. Tn, statements IN regard to the Com
motiGrrs bodily ii.'tntss at the time of his
Interior evidence - 10 his condition when he
made tlr viii. md direct evidence on that sub
lcN bring yccssihl" and within reach they
shuulI be- IA L. 60 produce /; first
,Nr. I"rI said that the counsel on the other
.ilr; s'ng i9r several days offered no ohcc..
u"n , las ord OF proof had come there that
morning under external pressure TO bring
a'Jout certain results. The claim that he had
condition of Commodore Nandcrbli's body was
Had he not caIici j. b. Alien, Grothcr.n. h Of
the prepayment. to show that the proponent. who
HAD received such n vast amount Of property
nearly the whole of IT. had declared over II
quarter Of a century ago' tha! his iaher was
woman, and that woman's influence he was
bound Ia control.
A. Mr.. Lord SPOKE he turned ncrccly toward
Wm. II. Nandcrbit. and apparently addressed
Tho rest OF his words to that gentleman:
This man, rolling in his nearly 100000 600.
n"arly quarter of century ago had SAID that
hc meant 20 control his father. showing that he
had an eve even then on the dspositinn
have Thought t proper to show that
Commodore VANDERBILT was in n situation 10 he
Influenced. that he had terrible diseases. aud
that they 80 operated upon his mind that he
might b. subjected probably nj least TO undue
influence: relying on these links not ~ n chain
ot Evidence. We cannot have an omni prcscnce
~ evidence. aud cannot bring On" hundred wit,
ncssos here at one time. What could the world
know ~ tommodorc Nnnt. thit when even his
beloved son. W iilam II. Vanderbilt, could not
60 near him with out the Formally Of cards. an
nunriations. an names What could the
Surrogatc-1lc Court knows nothing Of Cor
Il Illus Vanderbilt. except wha, It knows 10y the
payer presented a. his VIII. thr objections illcd
Further discussion followed in tho course Of
which Mr. Clinton remarked that II n belief in
cairNoyunts was evidence IT insanity. then Mr.
Lords ollrut was insane, In regard to the t.s-
timony Of II. u. Allen. Mr.. Clinton said that he
bad only shown that William was olcdcnt 10
his father He added: The counsel has sue
ccrded by nsnuations in seeking to aspcrsc
ile name Of lady as pure aud honest ~ his
that his courec should bc donounccd here be-
cause Miss Louisa Vanderbilt asked a young
lady friend to 10 10 her fathers house and keep
her company during n mothers abs 'ncc. the
event has been tortured into a cruel ins inuation
against the pure anu honorable lady who kind
~ accepted The invitation. and also against VIM.
=. NnnGrrhlt. when tue fat was that VIM. II.
Vanderbilt wa, n9t aware that the young lady
WE going th.r"."
alter recess delivered a decision. He said that
while he entertained no DOUBT of his authority
ana duty Ia control the order Of proof under tho
exercise Of a wise discretion. in furhcrance Of
justice and the orderly conduct of trial and
tho evidence given and the evidence then
offered would be- dependent for it, admssihility
upon proof II manifestations Of mental weak
ness or unsoundness IN the tcsiator prior
ni'l III me 81 tl1 tArruuon OF thr lhStru-
mont prouuuni"d qs his VIII. II would have
been th" duty Of I'll" Court. on the question
being ri -'i. to require tIr proof tcnding 10
SNOW su'h mental con iu9h To be- FIRST given;
but while ~ failure 90 "l"-.. g.. f!ia part q
proponents counsel did not csinp them from
ru.s,l..' w. az siloh' yet cYhsiderns the err;
o OF Il THIIt
, ,a '1hl' SUM 'vIl9'l l9" tns ~. ~ PROOF
WVu.i son lo .Ahnu~t'i. nhi uut they. IN
,y , ,o',, "a, ~, ,, , ll11
Will Nvulu nlaNI 'lW Nll.."uy ENyh' aII sullh
IT., a. We 40" Oh ,ir', comp Wm. IL we nru@ilo
~, 81. ''i .,, @ .n Wv N"u'' ~.
or Ter ~ rr'of already entrcd aea and ' sS
h'ur'y OK ll.'.u' i,t,,. -, e., ..i... ,
fra IL ns Smfni a. Saw thnt ~ r..oi ,, ~.
~ VI 9"'il''nt 49, Sil tt"' W." I'I Us
,n M.S' T. W. ,,,,s ~ III s i, Jill wmu "is
,iu H.. "i,u ',1 81, ,,e ,,n Tn nj ~
ls, , VI a ,h, prap"',n \, , us ni7
., IL r n,i ,', ,, H ,b ). WE T. WILL
ul'".nume s.1u," u' 7 iuir'u; nul upon tlr
aSSuinItloh tnit IN" diseases revealed 10y thc
au'.lsy mani haN .NstrI 70 surn an eNtrnt
tion Of tine deceased al the times when tho IN
st,,i,,.'.,,fs ,c,rn .v~cntnI on nrnnt -, f,,,s
showing h'itul un7vuhuhessi i,olr existence
would beoine material -
th, Law of NlIs ana eonelnIni. "tfnnn thn
sHr9nt 1It TINS iipe OF rsiimG nv, Is n9i to
w. At.I-'ls l am lii'ilh''i, NiA'i 'h' 'll Nll-
-tailt'r, tn Nuli " auniS~lNlr. HhN 10 d'rllnH To-
dlrrct q change Of tho order OF proof. SUBJECT.
however. 10 "a renewal Of the application IN cisc
/, .D, 1 } IL. ,,, ',..u... lt,, .Nt.t,'ls.l
" 49,. T. i ,i,I i, -. , . -. IN, ,,,,,s 7,
~ ~ H.. n t it''' ~
WIS utmost ll!riaiiN th' N'hr US Nlht q, ul' ply-
SiTlanS Who lai preceded NM Ir. BcnJhnl n
NJ IRISH. "A trus, maker, then took the stand lie
had Visit.d th.. Cnmmolor, in 1870 and wua
Mn, =, $50, T., ~ ,.'.,' ,iit,,, ia r',nri T.,
h'N"' 90 t't'. ~ IT ~. y, 80. W
H,lhlh' or rupture, ~ lhut llhl', nut WI; 'iHt'u
uiu" tea 10 tNH 'Ndrnr' NJ TOO scrollAfy ana
remote ana I WIS excluded.
Ilr " tTau ROtanhumer Of 24g Madison
.,'..t',,., 49, raIi..I "a thu Witness rhni, AZ
iu'ugh "Nl'l'nuy y WY "lp mum, ~ bpN'n-
hull'r spoke ihucl Hot' GERRY ahu lnlelligl-
b y than any III dlHal witness who had pre-
ccdcd him. He explained Latin words in an
easy courteous way ns h, went on iko "A good
nov, .d ma ,.,rsh i .s ~, iostn'
class OF students. and his manner was 50 nat
urdl, unaflc. ted. and honest that neither law
yprs nor Court intcrfcrrd with him when ne
vv4n, outa iIo tho l.pal hounds Of evidence IL,
-. ,,,,i,',,,j H., ra,.rd - ,,;si, 10 a. a.,
WE lu'Stl ~ irSoiu ~ +" ni9l' " wv iii
executed.
asked the Commodorc what could do FOR him lie
sard have sent Tor YOU, not becau~ am snierlng
i",, NV nan 10, ,e nm ~ puu ~,s
Ia ts n td m, "ef To-" Ion. aireaIy" lie ecn, To-
he ,sed lie aid have difficulty iu urinatun
the cnors icing prelracicd aud painful have hernia,
ana have ie-' Proceeded !" ask questions IN re,'
Won u IN g'ria ~ anu u, saia Una, M nlPsue VIZ
MN ANNA III r..r,ratan srn c,rrnl1,a and The
t"nperaturc Of his boiy normal ieSamncd lie he na