The New York herald., 1878-03-13
THE COMMODCREs MILLIONS.
CONTINUATION OF THE CONTEST OVER THE
VANDERBILT wILL-THE TEsTAToR's AFFEo-


CONTINUATION OF TIE CONTEST OVER THE
VANDERBILT wILL-THE TEsTAToR's AFTEo-
TIoN FOR CORNELIUS J.
Tho long-defcrred argument on the question
whether declarations OF iegatee made after the execu-
tion OF will are TO be admitted evidence was ar
eucd by counsel in the Vanderbilt viii case before the
Surrogate, Yesterday. Mr. Lord made a long argu-
ment In favor OF the admission OF the testimony
and Mr.. Clinton opposed. The Court sook tho brios
and will consider the matter before deciding Mr..
Lord then proceeded with tho introduction Of testi-
meny.
THE TESTIMONY.
Benjamin Wood said he had known Commodore
Vanderbilt for twenty years and rocollected that ho
had conversation with him IN 1S7a Mr.. Lord said
he wished 10 provo that tho Commodore expressed to
witness belief that Mrs. Paugh could diseases
and prescribe for patients by simply looking lock
of their HAIR. In accordance with previous rulings
the same subject the Court excluded the testimony
M. Charles NJ. Mesorole testified that he knew tho
Commodore well and was acquainted with Cornelius
j.; IN October, 1873, the Commodore spoke TO wit
ness OF scheme ior cutting ice IN tho Hudson River
and bringing II to this city; no asked what witness
thought Of II, ana told him to think II over and make
little inquiry about III week later In the presence
OF Mr.. Osgood, u son-n-law Of the Commodore and
Mr.. Wardel, tho Commodore had another CONVERSE
ton with witnoss tho subject aud low days later
called him into his Office; no said " witness that he
thought there was u great deal OF money IN 1t and
that the Knickorbockcr Company had had monop
oily long enough he asked witness whether he would
like TO engage IN the business; Mr Osyood made
direct reply, but expressed tho opinion that there
groat deal OF money in Il; fcw days aflorward
tho Commodore called him into his back Office and
asked him II he know Cornelius j., his son; wit.
ness said he wao not very vol acquainted
with him; "Wei," said tho Commodore,
"he is o smart fellow, ana he wants Just
such q man asyou tchind, nim He rs different man
from what he and think you could depend on
MIN. When you soe him have little talk with him
about tho leo business Witness asked tho Commo
dorc how much bust ness would cost and received
a repetition Of the question ior reply; witness thon
said no thought would about $500 900 aud tho
Commodore responded Never mlnd that" intt-
matiug that he would take care OF tna:
Robert q. Morris, reporter, testified that about
four years ngo had conversation with William H.
Vanderbilt aud an hour later saw the Commodore ~
peatcd what William II had said with reierencc to
the Central Road, aud tho Com m od0re seemed angry
ind said that William IL told moro than ho knew
Mr. Lord pressed the witnoss Tor something moro
definite, but tho latter said " was good while ago
and his recollection OF the occurrence was somewhat
naxy. Then Mr. Lord pressed lor tho precise date on
which tho interview mad takcn place; witncss could
mol toll exactly, but rememberedL was PRIOR 10 the
Indictment Ot George Loru at Albany.
tr ' nousgKgEPKk's EVIDENCE.
Mrs Margaret Massey, gray haired lady attirod in
black and with u M,les,an accent testified that she
housekeeper Tor several wealthy faniliea
which sne nained lived IN tho family OF Cornelius j.
Vanderbilt three years anu eleven months, leaving Ia
1856 or 1851; the Commodore used 10 come almost
every onth and stay eight or ten days; one day wit.
ness heard HIM taxing 10 'Charter Oak" stewart,
Of Hartord the Commodore sad great credit was due
to Cornelius Tor the hne conaitnn Ot tho grounas on
another occasion tho Commodore was sitting ON tho
front soVp, MIA. Vanderbilt was Ia tho sitting roon
when Cornelius catne walking toward tho house; from
his appearance witness know he was gong tu havo
Que OF his periodical hts; he weat INTO the sitting
room wnero wiic ''ho had very hard Ut that
days" the Commodore was ~ the room. und pointing
hls cane NJ picture OF The ship Vanderbilt that was
the wall SAID, IL would give that steamer 10 cure
Cornelius II II were possible thing;' after that no
turned 10 Mrs. Vanderbilt and said, ~ shall leave
Cornelius as much as any OF my chiidren," and sho
seemed quito pleased; witness said sho had talked
with nobody connected with tho case about hor tosti
mony and had not seen Cornelius Tor years.
Mr. Curtis Bacon, clerical looking old gentleman.
sud has lived Tor seventy years IN Wutertown N.
Y, wLero he Is County Commissioner and prssiaeut
OF savings bank; was United States Marshat undcr
Pierce ana buchanan; witness loaned Cornelius j.
$500 before he went iuto bankruptcy aud Mr. PArsons,
oi tho same town, hal loaned INN $500; they both
called uu the Commodore about when Cornelius be-
camo bankrupt; tue Commodore said, II cane puy
You aud DON'T KNOW whether / WAL IN my He
limo but my death you shall have your pay, gem
tomcn !" Cornelius renewed the debts w giving an.
other notc after ho went through bankruptcy pro-
cccdings; two years later witness told the C0fnmo-
dore no had not yet been paid, aud hs rephed. 'Ar.
Bacon, you VIII get your pay;" aiterward witness
loaned Cornelius $500 moro ana later had
tion with the Commodore IN u baggage car coming
down on tno Central road, when tho latter assured
witness ne should 500 him paid; witness expected
stii to get his money back.
Unarlos NJ. Sim0nson, vi Brooklyn, said no was en-
ploy ed q clerk in tho Grauu Ceutrni Depot tho
Com rnodoro was hls great uncle. Mr. Lord offered 10
show that the decouent sont tor witness before ho
died gave him $4,000 IN ponds, saying, ''rhis
they can't take away from you, Whatever they may
do alter my DEATH
Jacob IL. Vanderbilt, brother Of tho dccedont, was
called, and Mr Lord said he wished 10 SHOW that NO
hoard Commodore Vanderbilt justify the viii ot his
iaher, which divided his properly among his chill
drcn.
CONCLUDING ARGUMENTS
DR.. William Budenhamer was recalled, and Mr..
Lord about 70 question him IN relation 10 CONVEX
sutions with the Commodore subject OF clair
voyanco something OF ino kind, when Mr.. Clinton
objeciod, saying tno Court mad already excluded
such testimony. Mr.. Lord made loug and eiaUorato
argument TO show That ne had right 10
the questions Mr. Clinton made equally elaborate
and even longer 10 show that be had not In the
course OF his address Mr. CLINTON said, 'What Is tho
point heroY'
"pvo been trying 20 ilnd out from you gentlemen
for the last hour" Exclaimed tho Surrogate pa-
tionLy, 'but cannot me Court would dispose Of
the question much moro quickly II you would savo
such long spoecnes. Tho ,ostniony IL oxcluuedn ~
The adjourned unui to-aav at eleven
o'clock.