New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1878-06-29
THE TESTIMONY.

when be came into SurrOgae's Courtroom yes er-
day as if MS Western trip had refreshed him. His
cheerful spirits in contrast with the dispositions of
the other participants in the trial. The hot weather
seemed to affect disagreesbly counsel and court If not
the witness. Mr.. Clinton impatient and sometimes
almost rude TO the wncsswhen he did not get the answer
he wanted; Mr. Lord hoarse and number of petty
annOyances in court did not improve his tenper while
the Surrogate himself more severe toward witness
and counsel than any previous trial day. The audi
epee that as usual flied the ROOM seemed be wait
ing something to turn up" for most of the day was
consumed in argument Oh the admission OF testimony
The three or four ladies VINO stepped inside the door
during the afternoon seemed glad TO retire very soon
Augustus schel aud Chauncey NJ Depew were present
with several others of the proponents friends Judge
Comstock was not in court; it was suggested by one
OF the lawyers that he had probably fallen asleep in
Syracuse
Dr. f. H. Hamilton was recalled and examined as a
"patthologist" as Mr.. Lord explained The Surrogate
would allow the witness at this stage OF the case to
state the distinction between general ana partial sa
iy upon what the distinction depended Ihe witness
testified that monomanla, In general terms, would nave
It's first and most direct eject upon tue UH5SNe
the affections next upOn The moral ana last upon inc
intellectual faculties Diseases OF the abdominal organs
were most likely 10 produce mOnonahld ,scii-
orally speaking diseases OF the ki9neyS' DIAL 9h
der and liver had the strongest enect III li,I
were troubled by Bngh's disease disease of the pro-
tate gland cystls aud hernia the mind OF such person
would be likely TO be 30 affected by the irritation ana
suffering as TO make him caprcious ana uncertain III DIS
Mr. Lord then began to examine the witness TO the
probable mental condition Of man who had done ana
what the contestant has been trying 10 prove lhat
the Commodore did aud said. The witness was first
asked mis- OpnOn OF the mental condition OF man
who thought he could judge Of the character OF another
from lock hair; WHO thought he could interpret
the history stranger from his miniature portrait; or
hal expressed his desire never again TO see son VINO
had daily to inquire for his condition in his sick
ness All the questions nyONns lhese points were eN-
cluded By he Count Tor various reasons.
Mr. Lord then pat this question " state whether or
habit, education strong desire he able 10 conduct
particular business WIN a'ty ana uI5cltuon yer MS
it nOt THAT the faculties of the mind are not. as
most actively employed APP 10 survive the others y
In arguing Tor the ui5s!In OF THIS question, MI Lord
called attention u the cases OF several eminent persons
wEO became insane on certain subjects and yet were
EaEe cara 20 business SUBJECTS, Among others ne
named John j. Cfttendeu, OF Kentucky.
Mr. Cntou--Tuc counsel Is uteIjeetmg into this case
what does not belong here -euits man sittng beside
me- lives ma ko ulcky, tells me that the statements
OF the counsel 10 Jonn j. CIttcnden are not True
Mr. Lord tpaIf augry)-" SHOW me The man. ard III
into court aud deny in Inns way what state as counsel
The authority Of the eminent historian VINO SENDS me
The statement IS pOndoy quite as -ood as tAaI =" 'n's
Stranger from Kentucky. have mere tue lcttei-'
Tie Surrogate" don't Guyt thing about John J.
Crtiendon-uot but tuat lLaVr great RESPECT IOi tue
memory VI the eminent statesman b9j we nave hOlEns
something more OF the conduct oil the strange gtHle-
man. the surrogate added, saTcasucauy: Yes, u was
"a very uuhaud ONE tlln- and We viii have recorded
the minutes OF lie court th"t Il any SAUSAGE on
MIR. Lord bO tnJt your Honor does not meet with
credoility counsel by stranger who docs not dare
10 snow MS iace-such mpuIaton any counsel. Tor
the honor OF tie profession, OuSnL to resent.
After more talk the question was excluded.
THE CONTESTANTS CASE ~ QUESTION.
Mr.. Lord then put 10 TIE witness very long question,
which really involved large part OF the claims made by
the contestant, and effect terse prescnmeut OF
their case. IL was as follows:
Assume that q person had repeatedly declared his
belief in the propcty aud duty OF equal distribution
Of property among children; aIJer"aId' lh9t soeu
the daughters, otherwise equally; that he had made
several mcroroUs testamentay promises some Of lLem
IN the lac nucd descent also tbdJ al inc age OF
Sky live ne sad tiat lie Lad enough ana shOuiu IeuIe
FROM business; that ne theu A'd rom TlOOo'O'U To-
career Tor acquisition Of property regardless oI all
rights aud pubic and private, declaring tAaJ
he mad mania acquisition that lac was the rail
road KING nation, h not u the WOi'u dLu thdt his
son the prepayment ia TINS cise, shohld be 10 alter nun
tna5 nc stated that such son was his Ouly
child, and, exalted llm III ms imagination,
TO an intellectual omlncuce exceedingly beyond
his merits and that after ne was eighty ears OF age,
his property being then over SlOOOOOOOO, AHF'hs
seventy ned descendants, about equally DIVIDED a. 10
sex he made "a VIII gIyILg 10 suth sU 10 whom he had
before given several millions, nearly an ms estate pfSc-
daughters than tue two huuledh part OF Ls
estate, ana 20 another nue"' yiv {''V I i i
that all his tesumentaIy promises were n'oi"'eu
aud in regard ~ his ny|d1 Sonif LYY
deus prevented ami he subjected to the most OdOus
dOus. Also assume tudl De sOuthl 10 increase us ."
tune By cOusutiu- through mediums dead sOchDIOktIs
to The value Ol stOche' eIu'ls, "vh ~ ~
receive any communication from DIS deceased WE,
buld monument Tor Als own fame one hundred feet
higher than amy known pyramid or monument; 5late
mental disturbance Of serious character as 10 show
that lie was not ID the iu possession OF ls faculties
Ibe ,uITOgdIeIHe trouble with ali tins Is that the
quest,U i 80 tat the expert is nsled.
Mr. Lurd-I take the responsibility OF thdtj aud say
hat prove every tact there stated before any July
IN the Land. ,..,.. 49,. ..-,,o, ,4 oil, for
the cOnCluou OF the decedentS mud at the uine or
anterior 10 tic time when the Will was made hold,
Too mai there is no evidence that the Commodore ever
SAID that william Was his only son. . ,,,,o. .,o
The question was amended so as 10 Iucluue IncSe
rulings uLd the witness ANSWERED:
fuluk tiat they would indicate that his mind was
lcnt, hueiudng ana III the CONDITION ~ %nic
would show tnat ne bad an unnatural pI'JcC dH'nSt
bis ORD child aud that lie had great ana RIDICULOUS
vanity" .-..,.. ,.,,o.,,o, ,-,,,,,, f., tho
various which Commodore \dhdcftllJ lidu ca
pressed Oi n, william H. Vanderbilt, ana ms treat
inenJ Of him IN view Of ms desire 70 ~
name, the question relating 10 Comh"oo[J b
mental condition in view OF this Idcl MI CuhVo on
jeced that this was not callug Tor en- expert Oiion
BAT BY naus inference from iaci really 10 DC ua"H OJ
the Court or, A there were one, o Jury. , , ,
DISCUSSION here which was marked by the usua
Interruptions. The surrogate Dtohe III saipl9
that Ost strong reasons not 10 iOlous ls C"sV
should promptly adjourn t4e fasc lVI aro,o
teruproIs, Dut on the next occasion Nc "ouIu promptly
adjourn the proceeding. -. .,
Hier iurLcr arIn mt the question was allowed ana
uoG0fe VaBderDlts mind WAS uncertain a-d nuctuathg
Dir. LoRD TOLD TO TAKE HIS SEAT.
The next question directed to the point whether
the Csnmodore's asserted delusion as to whether
william H. Vanderbils beng bis only legitimate son
was not caused by MS absorbing desire 70 eslaDHah
permanent monument 20 uls memory -,
Tue Ogac sharply ruled u out as leadihG queS
ton ana which counsel desiring 70 Wy tAc IC"
questions m the case wound nave presented nj.
Dir. Lord quickly answered " Ihat Is not uuc' Ing
oupsOl IL t most leading IN FORM not IN substance
have submitted tuis question 10 several lawyers Ci
standing ana no Que made such objection 10 H.
surrogate CALVIN said II MI Lord pursued tls system
he should compelled 10 adopt the course he Iau az
ready iutilnated IL d..
Mr. LOrd demonstrated against the course OF me sur
r0pe as an injustice ana asked what there was III the
ourktiou on tins hot day % caU5c such ruling" 49,
The Surrogate said: Take your scat, Nj. L0id. You
may proceed In order Let us have no such spaliug III
INC tmre as 70 the conduct Of tue CASE
Mr. Lord sat down, but renewed MS question III a