The New York herald., 1878-03-06
Progress of the Contest Before
Surrogate Calvin.
MRS. THORNE'S TESTIMONY.
Another Man Who Made Loans to Cor
ne.ius J. Vanderbilt.

derbilt brother Of the Commodore was present, and
seemed to take idle OF interest The proceed
ings. The Tits between counsei--which fre-
quent-seemed to afford him great amusement
Mrs. Emily Thorne, vile Of William X Thorne, OF
No l3 West Sixteenth street, aud daughter Of Com
modore Vanderbilt was present upon writ OF at
tachment and was examined by Mr. Lord. She testi-
fed that hor mother died in August, 1868. but she
could not tell the precise date
Mr.. Lord-Do you recollect the time your mother
taken to the asylum?
Mr. Clinton objected to the question, claiming that
the TACT already In evidence; but the Court held
that as he had received simiiar testimony he would
accept this also.
Witness thought her mother taken TO the
asylum IN tho fall season; what year 1t was she could
not tell had never conversed with liiiam II. Van
dcrbilt on the subject; Commodore Vanderbilt mar
rled his second wife in August 1906 witness was not
present TO witness the ceremony and did not tho
new Mrs. Vanderbilt until the latter returned 10 New
York from the wedding tour; was always courteous
TO her and she polite me; IN June 1875 there
a conversation between Commodore Vanderbilt
and his children in tue front room Of the second
story of the Commodore's house in Wasn't Dgton places
there present Mrs. Crawford. the witness, Mr.
Thorne, Mrs. Vanderbilt, Mr.. Davidge ard somebody
else, whom she could not recoliect, in he room
witness took part in tho conversation until tho
latter part Of IL; at nrs there versaton be-
twccn the Commodore and Mr.. Davidge; Mr.. Davidye
said that Commodore Vanderbilt had some very nico
grandchildren. alludng to Mr.. Thorne's and mne
and that they we're very nice children; father said
they were very nice children, but thoy wore not
Vanderbilts.
MRS. rHoRxE's LEGACY.
q Have you ever been paid your legacy under this
Mr.. Clinton objected to the question and Mr. Lord
changed iI TO- "Was there transaction between your
brother and yourself In regard to your IepacyY"
| The witness rcplled-'I received II from him."
This transaction, witness teslined, was IN writing;
when the paper papers ior she whether
there was ono or two were executed Mr. Thorne, Mr..
Schell (Augustus) and William II. were present, be-
sides another gentleman, whom she recoIlect;
either William II. Mr. sche took papers after
they signed. Mrs. Thorne testified that during
his last Sickness she called upon her father every day.
she met there frequently Mrs. Crawford Mrs. Wander
bit Mr. Dc Forrest and Mr. Barker; thcrc were also
sometimes DR.. Austin Flint; either Mrs. Crawford or
Mrs. Vanderbilt was always around and sometimes
both.
papers executed by witness.
Counsel declinec iurn,sh them until to-day, claim.
| ing that he was entitled to u days notice.
| The Court sustained him IN that position.
Mr., Lord wished then to have the nature Of the
mistake made. rhe witness ~ and It would
be we'll to nnisn her examination at once. There could
be no question about the character Of the paper IN
Mr. Clinton insisted upon mis- right to supply the
original papers themselves and the Court sustained
Mr. Lord remarked that this was .',hs only case be.
tween tho Garden Of Eden and the Day Vi Judgment
ID which such objection would bo raised
''That " jurisdiction the Court can hardly assume
so he can't pass upon It, +" said Surrogate Calvin.
Mrs. Thorno suggested that II would be wiso
finish her examination az sue was not sure whether
she would appear again as witness.
Mr.. Clinton insisted upon having tho papers ia
court, and the lady WAS allowed to step down with
an intmation that she would DO called again and
questioned about THO paper.
| AN ELEcTRICIAN's TESTIMONY
DR.. Frederick Well OF No 22G East Twenty first
street, was called by Mr. Lord. He testided that he
was electrician aud magnetician and mad lived IN
this city for the past SIX years; previously he had
wnere father had ived his practice he rubbed
patients; this always done by the advice vi other
physicians; first became acquain ted with Commodore
called to the house IN Washington piace; Mrs. Wander
| bilt entered tho room and waited throughout the
| nIpulatOn
Mr. Lord proceeded to inquire about what tran
| spred and what conversation occurred during the
Mr. Clinton objected, but tho Surrogate admitted
the answers subject 10 being struck out by the Court
Witness said the Commodore was much benefited
by the rubbing, and said TO his wife, why have
been long deprived OF the only thing that has
me goods' Then he spoke in uncomp limo ntary
terms vi his attending physcians; Mrs. Vanderbilt
| was present OF her own Tree will next night witness
called ut the our-nine O'Clock; Mrs. Wander
bilt was also present; sho did nothing bu. LOOK on
Commodore Vanderbilt talked great deal; hc spoke
about his physical condition and the troubles he
had had during Ito with respect TO his physical cond
tion; witness did not nuke any more replies than
were necessary; sometimes he would repeat the scmo
statement he had made i've minutes before apparently
UNCONSCIOUS that he mad said It; every night there
for three mig hts witness called aud
the Same events occurred, Mrs. Vanderbilt stanaIng
the bed but not tsking any part IN tho treatmcut
she betrayed great deaf Of xIcty tho fourth night
the Commodore told witness about his ie, about tho
storms he had gono throush-mora storms witness
meant-and about his inirmIties Witness contiu uso
lie wa, very ioUd OF tho-the-the fair SEX II may
say H.
| not having any bearing Oh the case.
Tue Surrogato-I don't SEQ that u has any bearing
on the case. out think !. WON'T hurt anybody 1t IL
h.t nnv.
Mr. Lord--l hope the Court speaks for ITSELF not
for all OF us.
| physical appearance, continued the Witness ana
remarked that man OF hs condition ought to last
century, he said he might possibly have ouved thao
century iiit had not boon ior early indiscrotons-
those are his own words-early ,ndscretous carried
| inlo maturer lie.
| UNPLEASANT SURROUNDINGS.
On that night well AS all the Otbers witness said,
the Commoiorc would repeat his statements, and
when he had one SUBJECT 10 hand would followit up
anu repeat II In such way that wtDess could recoi-
lect nothing special that was said: tho fifth night
witness remained an hour ana hall, staying the extra
hall hour ut tho Commodores request; Mrs. Vandcr-
bilt IN the room Tor lew minutes then lett,
but, overy other OCCASION, within easy call
and every few minules came INTO the room;
upon THIS night tue patient spoke about his
| surro roundings-uis unpleasant surroupdiug.: DO
was beginning to become comnlu unicative with
me, continued tho witness, at that timo
ana told me about his rot hav NJ his own way-about
his being chained down; that Is tho substance vi
what he said; he repeatedly spoke 10 his wife and
talked about sucn subjects but sue would not encoor
started upon subject tha. might DO dangerous she
checked MN immediately Gu the SIKH nigat W.T.
ness caed a. usuai anu lett with Injunction iroin
the Commodore 10 be sure and come the following
hignt ugaiu.
Mr.. LJra proceeded to question witness about his
beng refused admission 90 the house by servant
when he called the following nignt Tho testimony
was objected TO- Sir. LORD said wished TO prove
that wness Afst called upon the Com ia con-
qncncc OF letter sgnod by Commodore Wander
b that after the SIKH night ho was refused adms-
sion by Mrs Vanderbilt or her agous; thai no then
wrote 10 the Cominodorc and received reply
by Mrs. Vanderbilt. The Surrogate refused admit
tbs testimony, but on Tue othur hand declined 10
have the tes imony concerning the Cominodores re-
peatlug pimseli stricken IRON the record
"Dm you ever near the Com mOdore say anything
about being cured Ny prescriptions made up by look
ing al n lock oi nis hau ~ asked Mr. Lord.
.'On YES responded the witness. lie time 10
say no more iof Sir. Clinton objected. Iho answer
was srckon cut aud TURNER testimony GU tue point
excluded.