New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1878-03-20
TESTIMONY AND DISCUSSION.

TESTIMONY AND DISCUSSION.
The great will suit dragged its slow length
along yesterday with few incidents OF interest," 10 re-
leve the monotony of the proceedings Most OF inc
counsel on sides present. exJudges black anu
Comstock being in their The counsel for the de-
fence as well as William H. Vanderbilt received yester
dav notes written in small round hand, and contain
inv fhe following Words "WOOdhull and Claim VIII
arrive this week Lord expects to meet them al guar
antine." There much laughter over this matter
When one Of the notes was submitted 10 ME- Lofd He
said that lie knew nothing about ii.
In the morning Miss SiInOnson was cXalnineu-a
young woman in sea-grcen dress, VINO cast down ner
eyes reflected deeply. but could not remember any
dates and failed TO account for hiatus OF more than
two years In her testimony. Following her was an an
cient matron-who looked as II she had stepped out OF
plate In novel of the last centuTy-and whose tesu
ony turned the proveIbial anxiety OF laudadies 10
make Of payment from their boarders. Inc suro
gates decision certain legal points consumed the re-
mander Of the morning session. In the AFTERNOON 'ne
testimony of the two witnesses taken on frudS ""s
read Ii proved TO be about as entertaining at pueh
Office report and was soporihc powerful enough to cast
into deep sleep old gentleman with beard ike ZIP
Van Wrinkles and head like billiard ball This was
followed by q sharp contest between counsel over
proposed adjournment for week, TO give time LOT inc
arrival OF witnesses from the West.
At the openng of the Court Mr.. Lord said that the
first business was the consideration OF the testimony of
Before this however he wished TO introduce tie testi
mony of several ladies who present This the sur
rogate permitted but sad at occurs TO me we are Try
ing this case in dsointed way account OF suspel-
sion Judgment about the adnissoiity or certain tesl
mony decision on this point must be made shortly
Miss Mary Vanderbilt SimOnsOn testified: I'VE WIN
my father in Twenty -thrdst; knew Commodore Van
derbilt; was his grandniece; saw him within year
before his death; reeOllect having two conversations
with Commodore Vanderbilt about what he purposed
doing for me- it was, perhaps year or year ana a
half before he died; think in the Fail; he said my
mother and her children would he provided for this
was the substance of both Conversations he did not say
~ what manner
MI Clinton moved that the testimony be stricken out
because the Of the conversation was subsequent to
the making of both will and codcil. and ii was thus
clearly irrelevant
The witness very uncertain in regard to dates se
said TO the Surrogate that the conversation occurred
about three months prior to the COmmOdOres last III
ness; she remembered the time because the family
moved in the following May: she could not remember
tie year Her brother jeremiah simonson was recalled
to fix the date of the removal which he placed in lS3
The motion to strike oift then denied, and Miss
Smonson recalled to the stand but the crossexa-
nation SToTg9 S yaI n Pe ei1cd knew
Vanderbilt eight or nine years before ms death Cor
neus j. Vanderbilt boarded with me, with ms VIC IN
1871 it was about sear before his wie's death they
renamed about six months they PAID 500 weeE; saw
the Commodore once with nv daughter Mrs Harris, at
his house about getting money in case Cornelius dd
not pay IT, At first he SAID he wouldn't pay It, tod
HIN pretty hard case If he dld not ara ihen ne
said would 1t the MONEY was finally PAD by cor
neius himself.
A LONG DECISION BY THE SURROGATE.
The question of the admission of the testimony OF
resduary legatees then taken up Surrogate Calvin
read long decision on this point, which consumed
nearly an hour, and succeeded in materially thinning
out that portion Of the audience attracted merely by
curiosity The Surrogate reviewed the cases that had
any bearing this point In very exhaustive manner
His decision that tue will must stand or fall IN all
lis He declared that the weight of authority
was against receiving the admissions OF cgieeS under
the WILL and he therefore ruled that they should be ex-
After the recess, john L. Earle testified: live in
seventy-hrst-st , -, ,., - 49,
Q.-Have you not just recovered from cisUts OF en-
Sir. Clinton objected He said We cannot convert
this Court into pta for the discussion OF such dis
eases We have nothing to do with the cistius which
this gentleman has or eyer bad rms ;, was G1ended
then by Mr. Lord The substance of II was that in
a conversation with the Commodore at Saratoga IN
1869 he said :" am old man. and when die you
and your husband Will be taken care Of ana we'll;
Then read the testimony OF Ethelinda v Alien,
daughter Of Commodore Vanderbilt, taken ON Friday
last Ninetenths OF 1t were objected to and excluded
This process proved tedious, that lbc patience of
William Ii. Vanderbilt was exhausted, ana lie went away
before IL completed.
Mr.. Lord then read affidavit certifying that those
witnesses living IN the West were unable To be present
through Illness. One was on the way but was detained
Chicago lie therefore moved that the trial DC post
poned until Tuesday
said Mr.; Clinton with emphasis There seems to be
an hexlbe determination OF the counsel on the other
side not go with this case. We make from fifteen
day. With Of this masnitude, 1t seems due
10 the orderly of justice, that II should
be carried without delay. SIX months ago.
the opposing counsel opened with the most
danni1g and infamous charges ever brought against
any mar. Now, he should prove those charges.
word of evidence has been brought the main issues
all has been promise OF what has never come These
witnesses from the We ST the detectives who were
hired by the other side. They could come across con-
ineat If il necessary. therefore move TO close
The ease al once far as they concerned.
ExJudge Back-This case has gone forward slowly
by reason OF It's very nature. Mr.. CiinOn-whO Is so
economical of timc-has occupied weeks III speeches
When speaks OF consumption Of time ne only strikes
nj himself The testimony are waiting FOR IL import
ant witnesses ia u.s. IL 1t right 20 call Tor the
closing of the casci AIN sure Mr Clinton has never
done such a thing before and Will not do II again.
Mr. Clintonin our lifetime no such case as tnis VIII
ever occur again.
Ex,Judge Black--You mean you VIII never have a
chance one hundred millions by taking an unfair
advantage of your opponents. You cal our witnesses
ugly names advance. trust you Will take cOunsel 0f
your Judgment and not OF your blood
Mr.. ClintOn-NOu have gwen no reasons why the case
Cannot 20 on tomorrow with your other witnesses.
You don't deny nave plenty OF them. These men
from the West know nothing about; yOu give moth
Ing about their occupations.
MI Lord-YOu have not advertised for them IN the
papers ~, ,,
perhaps you the names OF those around you
who now willing TO sell out. You don't know ny
whom you are surrounded.
The Surrogate-Tbe court viii be closed shortly.
Alter further argument, the surrogate decided
that hearing should this morning. bat il then
the Western could not be present Friday,
the case should then 20 over until the following
tuesday