The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1878-06-22
VRANGLNG and JANGLING.
Resumption Of the Contest Over
Vanderbilt's Millions.
LEGAL MALCONTENTS.
A Day Of lnteminable Argument and
Dry Testimony.

and objections OF counsel even alter the Surrogate
rendered his decision on tue point a. ISSUE There
great crowd of spectators present until late 10
the afternoon, when the heavy medical terms flung at
had the effect OF thinning out the
audience and even driving away both William II. and
Cornelius j. Vanderbilt and Mr.. Comstock. Mrs. La
Bau was also ansent during the medical evidence.
THE coMMoDoRE's SUSCEPTIBILITY.
Mrs Mary Van PcIt, OF No. ISL Sixth avenue, was
the first witness She lived IN the house adjoining
the Commodore's residence and belonging TO him II
WINS leased by Mr. Pierce, from whom she sub-renied
portion OF the premises She said she frequently
spoke with the Commodore, and then Mr.. Lord asked
her 10 state the conversations Mr.. CLINTON objected
and Mr. Lord explained that he desired TO prove BY
Mrs.. Van Pes that The Commodore wanted TO svict
Pierce nonpayment OF rent, and that through
her influence he dissuaded from his purpose. Mr.
Clinton declared lhe Surrogate had already ruled
out sucn testimony but tho Surrogate said Mr. Clinton
was Mr. Lord urged that Il had been claimed
by the proponents that Commodore Vanderbilt had
AN iron, infexble will which nobody could
influence, and that the Commodore, therefore, could
not have been influenced IN making this will. he
wanted to show by the witness that the Commodore
was y man Just like others, that he would oltcn talk
violently and announce his will as though 1t would
be innsxible and that just ike other men, he could
be in Hucnced and would recede from his previously
declared resolutions.
The Surrogate plumpiy asked whether Mr.. Lord
could point to a single syllable Of evidence showing
any exercise Of influence over the Commodore In tho
making Of his will
Mr. Lord claimed, in the course Of long and dis
cursivo reply, that he could point TO many facts
the direction OF undue influence. I'm the Grst
place" he SAID, 1--WE with tho opportunity 49,
Surrogate CALVIN (smilingy)-And with tho strong
est reasons for exercising H.
THE POINTS THE CONTESTANTS.
Mr. LORD continued that IL was SHOWN William II.
Vanderbilt was q who woula not stand by tho
woman who bore and nurtured him. and would allow
her 10 any indgnity and TO DO sent unaic
asylum than offend his ather that thirty years
ago William H. said he knew his ialher be under
the influence OF somo woman, and he vas bound to
control that woman's influence; that William II. was
the only son who always lived with the Commodor
and could this influence that the Commodore
SAID lllam II. had told him his dau2 hters and hrs
son. Cornelius j., had wished him dead; that william
H. was the only one who favored the second marriage
mat William Ii. grew upon the favor OF the Commo
by thirty years OF iawniug and scrvy, SO that
the commodore gave him $40, 600 900 during his life
tmo and nearly all nc haa alter iife; that William II.
allowed himself TO be called "damned iooI, a
.stupid iool." ''dotsn mead" ana got all this
fortune IRON iavors and not BY merii, Tor u was
p. pso ,a Of -" hs.
Wnilam IA. knew what The will was Tor, coming Dack
IRON the uneral he tod brother and sister of his
not Complain about the will whom they heard II
Teai, because he (William H. woulu do justice to
them; that the Commodore even labored under the
delusion that william H. was his only son, that
wrote iotter aiuding 10 Cornelius J. as "A vagHbond
callnE nimsoit his son :" and that when tie ih0rne
grandcniIdren wcro spoken OF the Comm odore said,
HAh but they are not vandsrbilts showing that he
labored under mania 10 accumulate his fortune aud
fame upon Vanderbilt 10 order that future genera
tions should marvci at TINS man who had amassed the
greatest fortune ever acquired ny single Individual
IN this country.
Surrogate CALVIN thought ALI this was "beggng the
question: aud failed TO recall TO MS mind ivta OF
TACT that the opportunity TOR such exercise existed
ana that the result concided with u could not be
taken Tor proof tnat such exercise OF influence &C
tuaily took plack. The Surrogate thought the posi-
ton that wiilism H., whose mental capacity
was SO despiscd aud deprecated BY the Com
modore did not admit him TO his conidsntial
colnseIs, was The very sou VINO could inf uence the
Commodore. was utterly Inconsistent. He SAID thus
cviaeuce OF Mrs Van P~it must be excluded uniii a
legal basis hsa teen established Tor the assumption
that unoue influence was EXERCISED oy the prepayment
Mr.. lord, IN order 70 put his exception on record,
formally offered prove thai Mrs Van Pet
the Commodore threc different times; The first
stop the eviction OF Mr. Pierce ana allow her
to pay the rent the second nave some repairs made
the house anu the third 10 have new range put
In that upon all these three OCCASIONS The C0mmo
dore, IN Inc bluntest and most vioent language, re-
bufed her aud refused 10 acccdc TO her demands,
alter which he receded and yelded TO Inc u ALL All
Tins was exc uded 0y The surrogate, as was also tho
subsequent oiier Of AIR. Lord prove that William
II. Vanderbilt VISITED every day Miss Crawford and
her mother nj tho house OF Mrs. Decker, Mrs. Van
Pel's door neighbor, PRIOR TO bliss Crawford's
marriage, thereby retaining the second WHO OF the
Commodore under MS innusnce from the time she
FIRST came 10 Nov York until she was married 70 tho
Commodore.
Tue surrogate, in concluding this testimony. init
mated that ~ might be competent ~ some future
stage OF the AT this Nr Clinton said ihe Surro
gale bad already decided tpat n couldn't be.
Surrogate Iaivin-suppose you argue the matter In
stead Of throwing IN my Taco decision IN which /
may have been IN error.
Al this little take GOWN MT. Clinton looked some
what discounted, and said ne thought u was not
deeorous 70 reasue questions already DECIDED by the
Court
The matter then cropped Mrs. Van Pen left the stand
hours recess Was takeu Tor luncheon. In an
hour hail Mr.. Lord reappeared, when Mr. Clinton
pleasantly said 10 him Ia AN UNDERGONE, "Ws've been
waiting three-quarters OF AN nour for you" DR..
Thomas h. Satlertuwaite then called by AIR. Lord,
but dia RESPOND. Atcr Mr.. Icuney had been
Tor MIN the witness finally appeared.
LarrLK MEDICAL SCIENCE.
Mr.. Lord wanica TO ask MIN some questions In ref
erence 20 The autopsy, winch we're vigorously opjscted
10 BY Mr. Clinton, AID long ana most .eGous arsu-
ment cnsucd. Even alter the ourrogates decision IN
oil Mr.. Lvrd been given Mossrs. CLINTON and
mcnis, aud MI. Lord retorted with his usual v1ns-
meIce, anu then f,ad from thick, great note book
long array OF almost iherninaoic menoranaa OF tue
autopsy oi Commodore Vanderbilt. couchsd In the
Lstin medical phrsse.logy. during which tnerc was
COCO deal OF smng aud titterpg IN tue court room,
Mr. Lord often stumbled over the heavy scienthc
terms. aud he witness mad 70 correct him several
tmcs All the Memoranda we're hnsiiy assentcd to
MS corrtcl by the witIess, and mr. LORD then pro-
elect oi The Commoaore's diseases upon his mind.
Or. Robert l.. Weir, Of No. 81 West ,hirty -tnird
street, tsslnca that he had Teen phi ysican snoo
1869. MI Lore asked him what the ufsct OF CHROME
brgnrs asease OF the kidneys would have been upon
the Commodore's mina VI he had suffered from H.
TINS question called iorth long array OF objections
aud Arguments from Mr. Comstock, hose leading
oojccLion was that, even n the Comm dore was sui
fering from chronic Brghts disease oi tho KIDNEYS
Al TIE TINE OF his dc.th that would not prove that
no had ~ the time o tho execution OF This viii,
And even NJ he had u, that by no means ncapact
lated MN from making will
Mr.. Lord urged that sbero was an old adsge saying
that NO man who suffered from diseases belcw tho
diaphragm ever woht 10 heaven, because there were
no diseases so itritatng upon tne mind rs these
Chrome BriGhps disease OF the kidneys w0uid IN.
doubtcdy Affect the mind aud tend 10 mon omania,
anu Inc contestants claimed that Com Wander
hit undeuotediy suffered from the particular mono
mania respect 10 the requirement and mission
OF wealth
A DESIRABLE MoSoMAEIA
The Surrogate twith NY humof)-Do you claim. Mr..
LORD, that his mouomanis vn the subject Of me ac
qurclnont OF wealth was caused W these diseases
Mr.. Lord IN ions, argumentative reply, sad, tne
tendency oi diseases below tDs diaphragm would
49,. s..o ax.tlst nA