The New York herald., 1877-12-08

not like 10 state what passed between u.s. put WIN
state what ,old him considered the causes OF The
Mr. Cinton-I would like TO know whether the coun.
on tuesday, WILL however, withdraw tho objection.
Or. Bodcnhamer-As TO the prolapsus AMI, l said
that structure OF the urelha was one OF the causes ana
that gon orrhna also one.
q. IL there any thing else you wish TO sayS A.
There was nothing In that conversation ina, IN any
does seem to me, however, my duty not to give the
conversation that occurred between us
O. Was that the disease no suffered from AZ the time
OF his deaihS A. think It was
Mr. Cinton-I move to strike out from the testi
mony one or two Questions On .ne s,ounu ina. .nGst
issue in this case.
Surrogate Calvin said that the general rule as 10
Conversations was they were admissible because
the person TO whom The questions were addressed
assens TO said. But in this case the rule would
not mold good because the matters talked over were
OF character, and In reference 10 winch the
Commodore could not be understood az asserting
There lore the motion was granted 10 strike out all
reia,,ny 10 lnose conversations Tho surrogate sale
that he would also take that opportunity OF slang
and for ALL that all evidence ns,oaucea 'os sns
purpose of injurng degrading the character OF lns
deceased ne hold TO be his duty In tne exercise
oil n wise discretion, 10 exclude.
By Mr.. Clinion-You have spoken Of tne pain ana
suffering the Commodore underwent during MS iast
Illness VI hen you lound him so depressed; what ae-
gree OF forltuue did he exhibit under the nhuence OF
Sain as compared with similar degree OF pam en-
dured by people generallys A. wel' ne endured IN
about the ordinary way. w.
O. You we're asked whether he was susceptible 20
the influences OF others; did you ever know man
less susceptible TO the influences OF others tnan oo-
modore Vanderbilt?
Objected to by Mr. Lord.
Surrogate Caiv,n-rhe question s what was the
effect upon those who disagreed or agreed win hiih
as lar as your observation extended
Mr.. Clinton-Wnl you state whether the Commo.
aore was stubborn or not? A. My intercourse Win
HIM in relation to his maades anu nothing else
got little victory over him on one OCCASION; ne o'o
what thought he would not have done.
WITNESSES.
The following Witnesses were then called out dia
not answer to their names William H. Thorne Mrs.
Peter dubois ana Benjamin Wood A recess was ,hen
ordered until half-pas. one O'Clock.
RECESS OVER.
II was nearly Two O'Clock before the Court resumed
It's SESSION after recess The following witnesses were
then called ed:-Willam X. Thorne, Arthur Gilman,
Henry Allen, Mrs. ihorne, Daniel Drew Mrs Parks
and DR.. Wlld. rhey did not answer, but Mr.. Lord
announced tnat or TWO witnesses would be III at
tendance ut halt past two and SO, alter some parley
as 10 the proprieiy OF adourning Tor some days OF
merely taking recess, 1t was agreed to take re-
cess until three O'clock
place, and one OF tile absent Witnesses, Mr.. W. 4.
Thorne. was called. He did not answer, so counsel
apoled Tor an attachm ment which Tho Surrogate sad
he would grant presentation oil the necessary PROOF
OF serv .ce OF papers lhis, II said would be pre-
scented. These preminaries disposed oil. and every
thing beng IN readiness, Mrs. Jennie W. Danforth,
residing at No. l2l Waveriey place. WAS sworn. She
she has rcsided Ten years Ia the city and her &C.
cupaton is that OF "magnetic heaier;' she never
knew the Commodore until she was called on by Mrs.
Vanderbilt TO "treat him magnctically."
AT this stage OF the examination Mr. Clinton oo-
iectea the Surrogate allowed tho examination To
proceed SO learn what It WAS intended to prove
by the witness Then, answer 10 further inquiries
Of counsel Mrs. Dantorth said she attended the Com
modore In April, May and June previous TO MS death;
after her hrst visit she remained win the Commo'
dore three nights, during which time she had fre
quent conversa lons with him servant was wtnln
call the next room. While the witness was about
10 relate the hrst OF these Conversations which was
intended 10 show that the Commodore WAS benever
in clairyoyance and had been SO lor long time, Mr.
Clinton again objected. He urged tnat the Court WAS
not to try the question OF the efficacy OF different
schools OF med icines Was belief In cSirv,yanco
evidence OF INSANITY II II was claimed Inat Tue
Comm had insane delusiops that was one .hing,
but as his speculative notions on subjects OF this
nature there was no necessity ior inquiry.
Mr. Lord commended Tor the right 10 introduce tno
evidence and SAID he had sent Tor an authority on tho
poinL ,,,
aomilteu whenever . deceased person about the time
ot making his will does any Thing showing departure
IRON sound mental ways III regard 10 Tue ordinary
affairs OF life. He thought, however, II TINS ev uenco
were admitted would be opening the door very WIDE
Tor ali of quacks 10 defend their ianatica pre-
Judge Coms,ock contonded that the offer OF this evi
deuce wus the assumption that what Is known
as cairvoyance was deusoh, lact snat Nc o'o nos
think susceptible of proof in court OF justice any
than atheism, Spirituasin, or ior that mater
Aonammedansm Judge Comstock touched on ano' her
pont too IL the COMMODORE made such q decara-
ton II should be sane declaration TO DO ol any value,
ana II nc were sane a. the time he made II he wYs
competent to remedy the difficulty OF when II wfs
saiu he com planned Did go to the question Of M
fucncef Ii SO he argued the testimony was equally
Inadmissible. Observation-Disclosures
testimony oil the witness on the stand more to show
tho testa0r possessed oi delusions an" had Deen
for years prior 20 his deatn :.
said the difficulty assuming shat cairvoyanee
was accepted by the mass OF mankind AZ delusion.
The other side would deny this, and tnen the Court
would have up days and weeks ~ try ing clair-
voyance instead VI inqulrng into tho Ccmmoaores
sanity ,,,
ar. Clinton had q further objection. He said that
even II admitted the testimony would have no ma
teTiaty unless II was shown That the VIII WAS the OIL
ur lnQ o thaL uclusiOn
the surrogate said it was competent to show that
number o. deiusous possessed u testator with WOW
TO proving that all combined tended 10 aHect Inc tes
tator's sanity at the time the Will was male.
Mr. Lora said there Is class oil cases showing thas
q mans will may be invalidated by single deuslon
He inslanced o where a testator on account ol
tne belie that all are unchaste dis'nhcrited
his own daughters. He then rcaa from the case OF
Thomp son against Quimby 10 snow that evidences ol
beliei IN cairvoyance was previously admitted
xon,a oom,t Inc testimony subject TO a motion to
strike out If on examination he iound tna ts admis-
SION was not in accordance with the rulings
On this ruling the witness was instructed 70 pro-
cced aud snc commenced thus:-
MRS Daniorth-ho une Commodore) made state
ment TO that he was very unhappy and dissatis-
he'd with his will; that the nrst night sat up
with MIN. o
Mrs Danior,h-Thc second night no SAID he was
very unhappy and very much distressed In his mind
with respect his wilI and said he thought IT was
not right for him 10 taken the advice OF William
aud DR.. Liusly in having his daughters Kept away
from him; SAID othor tnings loo. that the Court
Mr. C,inton-We object. THIS is irrelevant and i'm.
proper, and should De stric Ken out
Wtnout waiting to hear iurthcr argument the Surro-
gate this testimony TOO vital 10 be admitted
conditi0nally. He thought u best to let the whole
matter go until he mad time TO look INTO the law
The point which he had doubt was whether this
reflected on III testators mental capacity.
Mr.. Lord SAID he could snow BY The witness that
the Commodore asked her to communicate with his
dead wife; that she dld as directed and reported the
deceased IN state OF distress, ana hat the Commo-
dore said no knew why. IL was because OF the way
the Will made, and that he would make another
day.
Tue surrogate. however, concluded he would not let
the amuatIou proceed he declared the case and
Courl aalouIn Ined To Wednesday next
WHERE is The FUkNITURE2