New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1878-03-28
ARGUMENT AND EVIDENCE.


When the great will suit opened yesterday
morning every seat occupied. and the rear OF the
room looked like q theatre gallery on " hrst hish''
The counsel all present and all were fluent Id ar
gument and objection The morning was uhc'ehiui'
but in the afternoon the contestant MIS- Mary t. La
Bau was called TO the stand. She mas the iam'y iea
lures aud an expression Of much frmness She showed
perfect and her answers were gwen WITH
mucb clearness though in low voice. Her testimony
was mainly in regard to the CommOdores violent tenn
per- his opinions, and his treatment OF MS TWO sohs
The counsel INDUCED in long four-handed game OF
disputaon over the admission OF testimony aoout the
Commodore's treatment Of Cornelius. Mr.. Lord con-
sumed the hour in offers OF evidence, when couhse
objected to- and the Surrogate excluded with great regu
iarity.
James NJ Cross testified / reside in Westerly. r. l.;
married the CommodOres Oldest daughter for uy-
four years lived in NewYork City knew the Com
modore very intmately lived on Staten Island when
Mrs Vanderbilt first showed mental disease; nave
known Cornelius Vanderbilt, may say ever since he
was born remember when the Commodore tried to DO
something to Cornelius and the latter fed from the
house, this was about 1850 at the marriage OF Louise to
Mr.. Clark.
Mr. Lord said he proposed to show by this a case of
gross brutality against the Commodores son. Our
theory added Is that to the time of the death OF
Cornelius US wife. the Commodores conduct toward
him violent. brutal that after this be treated
him much better. and often defended HIM that after
November 1874 when the alleged conspiracy took place.
marked change occurred again. and he treated him
with the same want of affection as before.
The SurrOgaeThe evidence is too remote to have any
bearing on the case; 1t is excluded
Q-DO you remember the second marriage, the alleged
marriage of the Commodore. Ayes. was not
present at ceremony which understood took place
IN Canada; saw the Commodore when he returned,
but had no conversation with him.
Q-Do you know anything on the subject OF the CON-
,ai, aasilx- irnu pcpl ny fal
Al know the Commodore was very fond of receiving
reports about his fam
Mr. Clinton-The answer must be Eyes" or "no."
The witness-I think can answer in the affirmative.
estate any facts about this.
long discussion followed in regard TO the admission
OF evidence show the Commodores liability TO be I'M
posed upon.
The surrocate- can't tell the bearing Of these facts
until hear them shall allow him to state the facts
II they bear the defendants mental condition The
counsel may state what he expects to prove by this
witness.
Mr. Lord suspended questions this branch of evil
6ence as he had not had sufficient time for consultation
with the witness
O-Do you remember q conversation you had with the
Commodore about 1910, in regard to his wilY A-The
Commodore very sick at this tlne he lived in East
Broadway; we thought he would die he said then
Don't be too anxious to make money there's enough
for you ALL" That was the whole of his conversation.
The snrrOgateThis does not seem TO concern the case.
Mr.. Lord-A ruling single fact would cruelty the
The surrorate-If all the offers made by the counsel
for propoueHt entertained then the case and
all parties connected with it would have been clucfcd
by this tme ILaughterI
Mr.. LOrd-I should prefer to have this remark come
from the opposing counsel rather than from the Court
All nv offers be proved. can Introduce eight wit
nesses to prove the offers made about the CommodOres
railway schemes ana tne tOur avenue tuIei poJec''
Mr.. Clinton objected 10 these remarks as sanderous
Ex-Judge Comstock-Now shall speak to the ques-
The surrogae-There is no question before the Court
The wtness-Soon after the close OF the war; had a
conversation with the Commodore about his GIT Of the
Mr. LOrd-Tle offer Is snow that in spite OF this APP
pTEe e satc 70 to @ witness hat he lad the promise
President Lincoln that il wond he returned to him
only man who traded the senblance of patriotism 70
i'll his own Golfers. lLaugbterl
VIOLENT ACTS OF THE COMMODORE.
James W. Peppard Of No 40 West Sixeenta-st testi-
fed: have lived in the city amy life; wasnever in the
employ of Commodore Vanderbilt; from 1868 to 1872
had no particular occupation was at school until 80
or 70 nv fathers business was with holees had 10
SnTe, horses at the stables bnt was there on and on
for three or four years remember an affair which took
Mr. Lord offered 10 show by this witness that this
colored man there, slightly intoxicated. and the
Commodore sent Inn back with whip and thrust him
out with great and UNNECESSARY violence;
Objected TO by Mr. Clinton, as the other side With as
kick every other drunken colOred man who appeared on
Mr. Lord then offered to show that the in 1872
took bin of one OF the Commodores grsndsons TO inc
the witness TO leave the room II was ruled to be ncom
petent. ~, a., q, =, D., o
called to the stand She testified: j q
daughter of Cornelius Vanderbilt. and am The
contestant in this case have resided IN tbs city for inc
last five years; my husband died il ~ was in the
city when my father died. ! have Two brothers aud
seven sisters; thry-throe grandchildren survived my
father sixteen being grandsOns and seventeen grand
daughters The witness here gaye Details about tne
She continued: There are twenty-six great-grand-
children, female and nine male was III Eu-
fore when my husband died he had been in Europe
about q year, when he WAS recalled
was at the command Of the Commodore that this was
made under the protest OF the wife, and that on her
tuIn she had transaction with the Commodore which
showed mental prejudice on his part. Excluded
The witnesS-Cornelius j. my brother, is four years
il-.reatment Cornelius; from that time until 1852
heard between my sD0u5
not there a resident after was sixteen.
OFFERS AND OBJECTIONS.
Mr. Lord said propose to show that Cornelius left
home at repeated request of Ills ather driven out
as we claim, by the Commodore.
FxJudee Black said that In consequence OF COrnelnsG
ll.health the Commodore conceived violent dislike
against this son; he had moral training except the
bad example of his father II was needless to say that
he became addicted to certain vices. The Commodore
also had another SOD, III vigorous health with
preseutabc young men, This Dave him great adyan-
nce over his younger brohel, with which he ought 10
have been satisfied but no was not. Thus the Com
Inodore owed to his younger then his older son.
hut deprived this unfortunate younger son OF MS
bjrthrght codcs than ours do not permit tbls
iregnal1ty in testainentaTy disposition OF property
oar laws" he added " which call In this respect the
offspring OF barbarisin authorize iaan TO raise up
children and then to give ali his properly 10 one or all
OF il to strangers. assert that Commodore Wander
bin could not have made his will without perversion
Of faculties hch would make him weak man. or with
ON being subjected undue influence or fraud In THIS
respect IL proper TO how THESE sons were brought
nm and What treatment they received.
cannot