New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1878-09-21
THE PROCEEDINGS.

room all morning Neither he nor his sister glanced
across the william H. Vanderbilt, who eat sur
rounded by Henry L. Clinton, Samuel Barger Joseph
II. Choate and Augustus Schel He seemed to take lit
tie interest in the testimony until afternoon, when his
opponents declared their intention of showing that bis
fathers will had been made under the influence Of spr
ltual decisions aud that he had ontorod into conspr
icy 90 keep the Commodore under the decisions.
After Surrogate Calvin had taken ms seat Mr. Clinton
requested the Court 10 note that Joseph H. Choate,
whose firm had all along been connected with the case,
now appeared with other counsel FOR the proponents
Scott Lord made similar statement concerning ). n
Solomon, who sat at hsleft.
NJ. W. Small of No. I04 Columbia Heights, was the
first witness In 1873 he had long talk with the Com
modore in which the latter asked the witness II he had
any children. Mr.. Small had replied no. I" It's just as
WE'LL" remarked the Commodore. " Just as well I've
got about dozen and they amt worth d-n, except
one they've never helped my business" The
witness had with him copy OF The journal
Of Commerce containing sketch Of his own life.
The article stated that Mr.. Small had 100000 to
invest The Commodore told him to invest 1t m the Cen
tral Railroad securities. "Put your money there" adj
vised the Commodore, and 1t win be safe Any place
else these other fellows will get It. There may be an
honest man In New-York, but can't Had him. You
know I'm luny on the Central Road"
THE COMMODORE's GIFTS OF HORSES.
Mrs Esther King, Of No. 237 Dufeld-st., Brooklyn,
was next called. Mrs King Is hne-loOging woman OF
was perfectly selfpOssessed. and famed herself with
a black fan my husband died." said the witness Ia
reply 70 Mr. Lords questions. Gin 1870. When he was
living, our house IN West Broadway. am sister
OF j. b. Philips, formerly District Attorney. | once
went to Commodore yanderbts Office with Miss Flora
Temple an actress took lunch with her one day ana
she asked me then to go for a walk with her. con-
sented, and as entered Office door, Miss Temple
said You're going to the great Railroad Kingdom
modore Vanderbilt When We got into the Office Miss
Temple said to the Commodore. u"
Here Mr. Clinton objsctedthat all this testimony was
too remote have any bearing on the question OF the
will. Mr. Lord said he proposed TO show that the Com
mOdoe's opinions however sOutiy expressed could De
changed even by woman, When Miss Temple en-
tered the Office continued Mr.. Lord. she said she
wanted another horse. Tho Commodore grew excited,
and exc aimed that be would not give her one Then
I'll expose you replied the woman. You can't hurt
me criCd the Commodore. I'm Commodore Wander
bilt and you can't hurt me- But Miss Temple pulled
him down into a chair and whispered In his ear. Then
the Commodore consented and promised the horse"
81 object 10 this" exclaimed Mr.. Clinton jumping up
hastily is only to get these things before the press
The Surrogate admitted the testimony, anG Mrs. King
repeated 1t substantially Mr. Lord had done, and
added: He declared three times rm Commodore
Vanderbilt, and you can't hurt me- Thou he went on
1--WE done enough for you, and what have you done
with it-done with IT. You've soldit-sOd itsold It,"
ErJudge Comstock, VINO had entered few moments
before and shaken hands heartily with Mr. Vanderbilt
and his counsel rose and said object TO ell these
trlvalities what Is the use Of spending months aud
months with these thingsW
"I am glad" replied Mr.. Lord. bowling With smilo
toward Judge COmstOck TO hear the voice OF the
eel again In the land He has returned from over the
water ready to WELD bis shlleab as Of yore He claims
show that he did change his mind, 10 matter how FIRMLY
The witness being permitted, resumed;
repeated sold Il three times"
The surrOgale-such reDettioHs don't snow weak
Mr. Lord-The two last don't. admit but when he
claimed three times. I'm Commodore Vanderbilt and
| showed hum TO be lacking IN integrity Of mind.
The WnessIIhe CQmmG9d9 3 asked me ~ ! roa S
said l. Then he asked the same question again, aud
laying his hand on ny shoulder exclaimed, must ti{
and buy you one" lie said THIS three Tines ana a'
went out exclaimed, mind now you come aud get
horse" never went 10 get one, OF course. presume
he thought was professional rider because MISS
Temple played hdseDPd. called TO see the Commodore
pores Gallery "-ior I'm book canvasser He was
writing In his ONCE. william H. vanderbilt came In aud
want I" exclaimed the Commodore Amt you salts
ned with what rye done for you r. William n. Wander,
the girls all hate you aud wish you were dead" INT
Vanderbilt, sitting behind Mr.. CLIFTON frowned darky
at this statement) Tue Commodore very much eH-
cited, aud asked again, Amt you satisfied with what
ana the Commodore walking backward and forward.
declared, " It's too bad. That's BIly-thats my only
son all my other children hate me"
The witness said she recognized W. H. Vanderbilt by
his square chin She remarked she had been born
an Israete, but was now OF the Christian faith.
OBJECTIONS AND DISCUSSIONS OF COUNSEL.
After the recess Mrs La Bau called to the stand
"Mrs La Bau," asked Scott Lord, did you tell
william H. Vanderbilt that you hated your father aud
wished him deadp Before Mrs La Bau could reply
Mr. Clinton his feet Directing TO the inquiry, on
the ground that the matter not pertinent TO either
OF the questions Of testamentaTy capacity or undue
influence Mr. Lord urged that the only inference the
Commodore could draw the assertion that w.
H. Vanderbilt knew the fact Of positive knowledge
"for" said Mr. Lord, a" w. H. Vanderbilt has some brains
unquesuonabiy II he had told his father no guessed II
or only believed t because he wanted the hundred
lions the keen Commodore would have hOOted him out
Of the room" The Surrogate said the words you
Ii. Vanderbilt appealing TO the Commodore's coz
scOuBness IL not aBseyeratiOn OF fact aud the
mestion was not admissibe. Finally, after half an
hours discussion, Mrs. la Bau was allowed assert
she did not hate her father aud had not wished him
The testimony Of Dr. W. gill Wylle was brief and
consisted Of differences which he drew from the report OF
the autopsy. They seemed TO contain nothing new.
The Doctor Withdrew 10 make for the next wit
ness Mrs Mary L. Stone OF No. 10 West FOrtyninthst
ance woman In strlitened circumstances She SAID.
in reply to Mr. Lord's questions; MY fathers name
from my childhood. He used 10 visit my father He
neei has married to suit me- aud going TO
new leaf went to see the Commodore in 1873, In
September He at his office. wanted assistance TO
open school. He advised me TO hire hall uptown
that had been used for spiritual =" -, -, ..,.s
that he should that the Commodore thought he
controlled by spirits In business affairs.
The surrogateIf you wish 10 show that the will was
made under the deusOn called spiritualism I'll accept
It,
At this Judge Comstook exclaimed al knew Il would
come" Mr. Clinton spoke with energy TO Mr.. Lord,
You have said all along you should not attempt 20
prove that" Mr. Lord replied that when the contest
begun he had not expected 70 do but that new
evidence had developed
The witnesses evidence this point excluded, aud
she said 81 saw the Commodore again In January or
February, 1870 wanted place on the railroad Tor
my brother"
Mr. Clinton objected TO this as not pertinent TO
the questions involved. Mr. Lord said he should
show that the Commodore declared on that