The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1877-12-13
| mornings argument supporting II By numerous
| citations aud decisions IN other cases


sideratoD he could in The brief TIME afforded by tho
recess On the FIRST question as TO the striking out
he read extracts from the OF Gass vs.
Gass. HUMPHREYS, 27S; Woodbury. VS.. Grear
Thompson VS.. Quinby and Robinson vs. Adams. Tue
decided that the evidence on tins point was
ipadmissible After reading many other extracts
bearing on the second point regarding the Commo-
dores alleged regret about hts will he made the same
ruling thai ali such testimony should 30 stricken cu
The reasons Tor so deciding WERE he SAID, hat such
expressions OF regret made at time so remote
from the execution instrument propounded that
they did not tend to reflect upon the mental CAPACITY
OF the deceased when the instrument WAS executed.
Counsel Tor the contestants Immediately objected to
the Surrogate's ruling and their exception WAS noted
IRRIrAriSG THORN
Mr. william X. Thorn, son-in-law OF Commodore
Vanderbilt, was then called to the stand He testified
that he lived Sixteenth street and had known Com.
modore Vanderbilt since 1885; In December oil that
wear be had married the Commodore's daughter.
o. How often did you see the Commodore at the re-
quest OF Mr. William II. Vanderbity A. Not very
often sir. now call mind only one occasion that
was when William lived on Staten Island.
Q. What was the subject he wanted you to see the
Commodore about? A. That IS private matter
don't propose to answer; think families should be
Mr. Lord-Your Honor, II relates to the feeling be-
tween the Commodore and William II.
The Surrogate-I think VIII receive u.
Mr. Thorn Well William said he was embarrassed
IN his pecun,ary affairs, that there executions
against him and mortgages and that he had TO borrow
money he said he couia get nothing from his ather
O state what occurred. A. went, and his father
expressed himself very mucn uissatlsncu
Counsel for the proponents here interposed pro
forma objection TO the testimony which was noted
O. What did the Commodore sayY would not
tell exactly Words don't intend TO say the IAN
guagc, because IL was violent; ne was excited, could
give the substance. .
o. slals what no said or the substance oil it, A. He
said that he did not believe William would do such
thing as guge ms property to such u mans
forget now who that man wnom the property
was NOR gagged William mad borrowe So, 900 on the
mortgage, and tod the Commodore OF IL; he spoke
IN very harsh terms when tod him.
alrlar .nd thar biaC-
ton, but the Surrogate decided that he would take
any evidence tending TO show the relations between
ths Commodore and William H. at any Time since the
latter became man grown
piNcHED TkS THOUSAND DOLLARS YEAR
@ What ald tie Commodore say when you told
himS A. The Commodore said Of his son, che told
le he was making $4,000 a year of that iarm, now
what has he done with that money!" Why SAID, no
Coming 10 your graaacn,ldren; "well, Why didn't he
tell me that before mortgaged his iurm ~ he
replied; said did not know his Particular
argument why he should nep William out Of
inns dsa ns sl else n should no. nsys
cared but 20 to that IN AN and nave his property
mortgaged am ashamed OF it. would not have DO.
ey ed any OF my blood kith would do such thing;
/ showed that William could not possibly live upon
his farm and support his family on $4,000 year;
after long talk the Commodore SAID, ~ GU SEND MN
TO me, viii pay the deot you want me TO do that,
don't GU ~ said ''rhats my oDJcct;' IAN right"
he said ..you send him to me;" then lett and saw
William, and told MIN precisely the cohversaton naa
had with his iather.
o. Al the tlmo that William asked you to go to his
father did he give you any reasons why he could not
90 hmseliY a. He said his father always abused HIM
much and called him names that II was not pleas
ant ana he could not go; he said some others mad
O. Do YOU rccoilect a conversation with the Com
modore in 1874 1875 in relation to his grandchild
drenY a. My wiIe and myself went TO Mr.. Wander
bit in June 1875 to call upon him prior 10 our lcav-
ing Tor Saratoga; Mr.. Davige, an OLD freud OF the
was M ns saa
know Thorn's sou, see him often, and often hear
OF his daugaters;" '.Ycs, yes" SAID inc commo-
dcrbts. my wife said Eyes, father, but they are
your grandcnidren;' the Commodore then turned
the subject.
H. he anything TO you on the subject OF resent
ing his iather's abusive statements A. have no
collection OF II; cont think he did
Witness reply to further questions stated that the
Com modore had spoken to him on The subject OF
founding national university and professorshp to
be called the Vanderbilt prolessorshp, out he could
rccolect the partcuars he dd not recolect that
the Commodore had ever spoken to him on the sub
iecl Of ms will; witness Knew nothing about it.
Mr.. Clinton then proceeded 10 cross-eXamne the
Witness The latter said that he recoiccted when ME
William II. VANDERBILT was married; they boarded ut
his house and paid MIN all they agreed u pay; he
coula not recoect the amount; they boarded there
one winter
HAS 4 LIVELY RECOLLECTION OF HIS OWN MARRIAGE.
Being further questioned as TO The date OF Mr.. Van
derblps wedding witness replied 81 don't recollect
have attended a number OF weddings Ia the family
since then and can't tell when that happeDed IT
was, nothing material to me; recollect very well
q Did William H. come 10 board with you immedi-
ately after his marrlagef A. think II was within
two or three months
z Now didn't you go with them on their wedding
trip and didn't they return TO your houseY A. rec
olect their wedding, can tell you what they had Tor
dinner IL you want TO know; don't recoect their re-
turn with me.
O DON'T want 10 know; think it must have d.
gesled very badly IRON the way you answer You
say on your oath that you don't remember whether
on their wedding trip they went 70 your houscY A.
do.
out Of place. thiuk that when witness is reminded
mat he is on his oath he has right TO reply that no
knows that TACT
O Do you recolect when william Il. settled at his
house? A. l DON'T; II was year after they were
married.
material to me recollect very we'll when was mar
The Surrogate You are hero as any other Witness
ana must answer the Questions put 10 you.
Mr. ihon-Ycs, but want 10 project my rights;
always have 80 lar through lie.
The Surrogate-Ihe Court will protect you, sir.
Witness was iurther INTERCEPTED as 10 the dates OF
many events narrated in hls testimony but could not
recoilect them exactly.
q We're you intimate with Mr.. William h and his
famiy2 A. an ana always have been.
q Do you remember when he went TO EuropeP A.
In 1853.
q. Was he not in comfortable circumstances then ?
A. uon't know whether ne was or not; did not
think OF IT particularly.
q. You do not know, then whether he had not dol
lar IN the world or whether he had S10000O2 A. on,
know he didn's have 100000.
sense.
q. Didn't you know he owned that farm? A. l
dan't know I'LL he told me he had mortgage on IT..
The Surrogatc-Wnetner he rich or poor as q
church mouse doesn't seem TO be material
MI Clinton-I merely want TO test tho recollection
OF The Witness
PLEADING POVERTY.
Mr.. Lord think the poverty of William H. may
be considered one Of the motives winch led MIN TO
exercise this undue in1 uence that we charge; 1t NAV
be a Ink IN the chain
The surrogateI don't think 1t Is even link in the
chain.
T. DO you remember that William H. told you he
HAD spent $4,000 IN improving his houseY A. My
impression is that that was another occasion: l
don't rccoIect having gone to the Commodore about
that
a. In that conversation did he tell you he had bor-
rowed money from q Mir. Weed A. Mr. Weed that's
the man, slE
q DID the Commodore tell you anerward that he
had paid that money! My impression that
William told me the Commodore ha1 paid IT,
q. Are you certain that William II. IN that CONVEX
sation SAID anything about there being judgments
against hmY A. | am as certain as Can be about
an ything that 1 don't rccollect positively.
q. That Is, you are as certain you can be about
an thing that you arc not certain about Are you
ccrtainy A. Yes
The was thon adjourned to Friday morning at