The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1877-12-13
THE COMMODORE'S WILL.
Evidence in Regard to Clairvoyance
Stricken Out.
THE SURROGATE'S DECISION.
Mr.. Thorn Proves a Difficult
Witness.

The contest of the late Commodore Vandcrohts
VIII was resumed yesterday morning before Surrogate
Calvin Many familiar faces were noticed among the
Spectators but their numoer had considerably dwn'
died owing to the numerous Interruptions IN Inc
case Mr.. William H. Vanderbilt, Mr. Augustus
schel and friends were present, together WIN
Mr. vancerbiIt's counsel Messrs Clinton and Com
stock. Cornelius Vanderbilt was also present Win
his counsel Colonel Ethan Allen, Mr. Lord and Judge
Black The morning session was entirely occupied
with argument upon the admlss'bility OF inc
evidence OF Jennie Sanford, which was taken
n the last session subject TO motion
TO strike il out The testimony was
that nine months before his death the Commodore ex
pressed his regret having made the will, said he
would make another, and then added that he ''dd not
know but that he had made mistake In taking the
advice OF Dr. Linsly aud his son William in excluding
his daughters from the ROOM" At the afternoon SEES
sion Surrogate Calvin gave long decision, citing
from many authorities, that the testimony should be
stricken out Mr. W. X Thorn then called 10
testify as TO the relations between the Commodore and
William H. With his cross-examination the case was
closed tor the day. further being adjourned to
Friday morning at eleven O'Clock.
THE PROCEEDINGS,
The names of several witnesses who had boon sub
ponaed called, but as they ailed to appear the
counsel applied for wrs Of attachment against them
upon Ming proofs of service This granted by the
Surrogate.
Mr. Lord then read authorities in support OF the po
gitiou he had that Jennie Sanord's testimony
was admissible. He contended that declarations Of
The testator be admitted TO show his mental conf
dillon, unless they remote as to convince the
Court that they not indirect relation
10 the question under consideration. He contcnded
that the testimony sought TO be brought before the
Court would show conclusively to the Court that Inc
tesator's mind affected by decisions Tho DECLARE
lions OF the late Commodore show that he had MADE
WILL and that he knew the contents OF that viii, bus
that he was entirely satisfied that his Will had
been Just one. He then cited number OF cases IN
which tcstators had made declarations showing
that their wills had been drawn up and signed by
them nder duress or undue influence and showed
the action OF the different TO the admssi-
bllity of such declarations evidence He con-
tended that all these were 10 support OF his
position that testimony OF the Witnesses was ad-
misslbe. The cited showed, according TO the
counsel, that when testimony could not be ad-
mltled to show facts deemed advisable to show
the state OF the testator's mind in connection with
the making OF tho Will
JUDGE Blacks ARGUMENT
Judge Black insisted tnat the evidence was adms-
sibe proof oil insanity which they didn't want
top prove but OF weakness Of mind His friend, Judge
Comslock, thought the Commodore the sancst Of men,
but III laci, I the weakest
The Surrogale-What evidence Of weakness Is In
yet beyond the inequalities the provisions OF the
willYn
Judge Black-His whole life shows it. All that he
ever said the distribution OF his property
shows fhe passion That every man has more or
less tor accommodating property WAS in some mania
enlarged TO dwarf every other moral scDti-
nlent ana intellectual faculty Perfect sanity does
not depend on capacity to manage the stock market;
IL depends the balance preserved between the
an enlarged liver is not in sound health.
Morally aud religiously the testator's mind WAS
10 demorazc the mind IL corrupts the WIN ana
weaKens Inc understanding. he regarded rolling up
wealth as loo summum boiun, The sole purpose lor
wnicn mar was created. 10 not say that his belief
In sprliuailsm proved MIN OF unsound mind, but the
intellect winch can admit such palpabie aosurdity
sprtualsm witcncraft IS not we'll balances and
is easily imposed upon. This evidence either estab-
fishes lends establish that this man Of weak
minu, liable TO undue Influence, and conscious OF The
iaci, ana such the evidence IS admissible
The surrogate iemarked mat The counsel had raised
two points, one OF which tthe Commodore's belief
IN cairvoyance) decision 10 Its admissiblLty was
reserved the oner, ms regret about the Will, came
up on moton 10 strike out
THE PROPONENTS REPLY.
Mr.. Henry Clinton took up the discussion on the
part OF The proponents.
Until there IS direct evidence said he. show that
there mental the part OF the testa-
TOR at the times the Will anu the codcil were made,
such Indirect Testimony Is entirely lnadnlssioe.
The AUTHORITIES are entirely agreed upon this
subject. In TINS case II is enaeavored TO be
proved, by declarations made q long time alter
The drawing Of the Will, that the tesiators
NINA impaired at that time 1t might as well De
years af the making OF tue wI the testator IN
sane q, the time OF signing that document The deca-
ration OF the Commodore made during his Illness was
Introduced a declaration, and evidence Of
his sanity. Tho contestant has shown no change In
rouusel's logic, proof positive OF his sanity. II
clairvoyance was admitted az proof OF de-
fusion then IL would be competent to admit evidence
that II was moi deusop. The very witness herself
was believer IN Spr.tualism, anu II clairvoyance
was an insanity .hea ,hs witness was insane.
OF the Commodores dead vie, ana her testimony
that she had tired to influence the Commc-
dore through the spirit OF his uead wife. Hrs.
La Bau herself believed IN Spriualism, aud II such
Admitted It would oe, oy The very argu
oil the counsel Tor the contestants, an admission
81 The testimony OF crazy witness through the coun
sci OF crazy client, wno would produce crazy wit
by the regnicut, tor all Spirtualsts are ready
10 testify as OF their doctrine. Sucn
testimony inadmssibe, or II admitted may be re-
tued Dy evidence contrary aud there would be
no end to the trial would be difficult TO prove the
OF what thcorecal and not 10 BE- proved
by actual demonstration Tho question in this case
was us TO the sounaness OF the testators the
time oil the making OF the wil aud no testimony had
been M this case TO show that
vanderbrs mind had been in any way affected Pre-
sumption always goes forward, never backward.
Judge Blacks argument Is a very curious one. Ac-
rCrung him, when he " dead and buried IL Will be
evident that he never lived What must We think OF
such an argumentY
''Oh, retorted Judge Black, "thaps running the
argument into the ground'
"a am speaking OF the time when you would be
run INTO the ground" rephed Mr.. Clinton. tLaugh-
teri
Judge Comstock next arose, and concluded the
gumcnt for the proponents. he said there was no
authority to show that belief In clairvoyance
proof oil INSANITY, ana 1t was the discretion OF Tho
Court either 10 admit or reject H. the counses OBJ
the ADMISSION OF the testimony because
u invaded the rights OF individual belief spiritual
matters, ana caDnot be proved by any mortal evi-
dcnce. Hall the Oh ristian world believed in naI
nDilty Of the Pope, and on the ground 1t might
be asserted that TINS is dclusion. The doctrine Of
the immaculate conception or the apostolic success
sion would . subject TO the assertion.
Nr. Lord-Do you believe IN that doctrine sirf
Judge ComstocK-l nave said that that the be-
lef q m II, n
Ierrogatcd about IL It's none OF your business, SIR
tLaughter)