New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1878-03-13

Massey, Curtis Bacon, Charles VI. Slhohsoii' jaw"
H. Vanderbilt and DR.. William Badenhamer were
called to the stand Much testimony was excluded
and there was much argument, as usual.
ARGUMENTS AND TESTIMONY.
The forbidding weather yesterday seemed to
have dampencd somewhat the curiosity OF inc iohSerS
who generally congrcgate at the hearing Oh TIC
bt will cnsr Yet nearly every chair was occupied, ana
strargiing line OF skrtrd the back OF the rooi'
The counsel on both sides present, win the eNcc-
tiop of ex-Judgc Black William II. Vanderbilt sat Just
h.,pd Mr. Clinton and laughed heartily at many of the
stafeu,nts made by witnesses. Much amusement was
caused by the testimony OF Margaret Massey shor'
stout white haired Irishw0man, who had been ser
want in Cornelius j. Naudcrblts household at hart
ford Conn., Her gsrrulity was not 10 DC suIpFcSSe",
and her statement that the last time she had seen
Cornelius j. Vanderbilt that day III the courtroom,
brought ont urroarious laughter. Curtis Bacon an old
gentleman from .iiddctown. Conn, gave some enter
taning testimony in regard 10 his loans To Cornelius D.
Vanderbilt.
At the openng of the Court, Mr. Clinton said the ques-
ton was in allegiance whether 10 receive OF exclude Ic
admissions oi lcgaiees made after tho execution OF 'he
will.
surrogate Calvin said he should prefer not 10 rule upon
This oucston until he had examined the briefs OF counsel
Ex-Judge Comstock argued that The decision already
given admit such testimony should be vacated on the
ground that sin lie lesltcc under the viii 10y his admis
sos could destroy The rights of the other esatees
Here were forty nheritofs under this Will one who had
received by than he would have done by laws OF
inheritance could overthrow the rights of those
WHO had received more than uld have been their due
under the statute. By admitting such testimony any
csaee could cn2 this Will higher tlan kite by his own
admissions He cited numerous cascs support Of his
position.
Mr. Lord replied that the quoted were IN his IA
vor not in favor Of the counsel who had given them
II a.. .l.sft 10 a .N.r.
ci,cd undue influence this would overthrow the VIII so
also IL would bc OVERTHROW T. proved that such
influence had been used 10y cgattc who only Inherited
-. Admissions made hy who had become interested
under VIII lad much better foundation In fact than
admissions made when lie had only prospective interest.
"Iu fact" said the speaker. turning sharply toward
william II. Vanderbilt, this will will never be safe
while the victims 1--we It w have TO be guarded, ana
even the lawyers who drew It viii have To be watched.
until Its victims have entered the gates OF Gchcnna"
He continued length ana with lavish Use OF
metaphor aludiuc repeatedly 10 "thc Keynote OF the
question" and "thc philosophy OF the ages
MI. Clinton "sone lesatc,s are Interested In saving
the viii. other, IN breaking II by no doctrine can you
determine what their Interests. and nothing can b.
prcdicatod such basis" IIo also read the Surro-
gates previous decision on this point.
The Surrogate said he ala propose 10 be fOrcc0sed
from admitting ris evidence by any decision made ia
oG-naud in court II by study OF the authorities
submitted nc found that such testimony should not he
admitted, he should rule
Benjamin Wool was then called by Mr Lord lie testi-
fed he hal lived for Years In this city. and
had known Commodore Vanderbilt for twenty years bo
was somewhat intimate with him.
Mr.. Lord--Did you have conversation with him in
1871
Mr.. Clinton objected to the introduction OF this tcstI
mOnY.
Mr. Lord said that he wished TO show that the Commo
dorc believed in prophecy by locks OF hair etc.
Ex-Judgc Comstock protested against the waste OF
time b. repeated offers OF testimony which had been
repeatedly ruled out
The Surrogate decided that when witness was to be
examined for purposes such this counsel should state
explicitly what he wished 70 prove, 80 mat objections
could he made without consuming undue t!mr
vnn4 s.,slois Mr. Lord said: Prank Work ha- been
parading supposed grievance Of hs In The newspapers
Had h. looked ut me ste,"s,n't noe W. W"un hEc
found the truth Instead o. mat he depended upon thc
newspapers. Had ne had more memory or a greater
measure of brains. he would have kept quiet"
The surrogate no necessity Tor the counsel TO be
sensitive over his matter.
Mr. Clnion-s this to he regarded ~ personal r. flee
ton on the witness he happens To- De newspaper man
The surrogate-Oh, he Is at perfect hDcIty to "rlie
any kind OF an editorial he wishes omit
TIE CoNN0DORL's OPINION OF CORNELIUS J.
Cornelius NJ Me.rrole, OF No 23I East Thirty -oighth
ST. testified that he had lived in the city thirty years.
ho knew Commodore Wand Fi.t wei Ia his lifetime;
be knew Cornelius J. Vanderbilt slightly.
Q.-Iiad you conversation about October. 1873. with
v@ van once Gav in hi. "' he said he hid plan Of
taking from h- Eor;h River aud sending It down TO
brewers of city. He wished me to inquire about
The plan; About wrek slter' ru mst .,i MN
the ice project George OS.ocd was present The Conf
modore asked Mr. Osg2od how he would Ike to take
hold Of the business He then called into back
office and said 30 you know Corncci" replied. "Not
very we'll" The Commodore then said, "Ie is smart
Taik Win him ab6at tho business" lie SAID also Very
cmphaticaiiy iir Is jifcrrnt man from what he was
Nou
wouli cost; ! said 100000 or S3oO,OOo; he said,
When c.oss-cYsmincd by Mr. Clinton. tho witness tea
kihrd: THIS conversation was III September or October
s73; The Commodore never after that time alluded 10
the idea o. Cornelius and myself entering into business
the Commodore repeatedly until 1876; about a
week afor the conversation aluded to the Commodore
said It too late that To start In on The Ice
business after that lie never referred to the subject
again.
BRIEF INTERVIEW WITH THE COMMODORE.
Robert G.. Morris testified that ho was re-
porter and about four five years ago he was sent
investigate rIinor about the Ncw-YOrk Central Rail
road. Aftrr "a conversation with William II. Vanderbilt
he went to see the Commodore at his residence. The
Commodore IN Hide room the left hand side
behind the stairway al the beginning Of the Interview
there were present I'dy whom inc witness was tod
NTs. Vanderbilt, and an elderly lady. They soon
TO Chnrch The witness told the Commodore
what William II. had informed him about the rumOrs.
The Commodore seemed angry he said in substance,
Q--Did he say" Billy, Bly, d-n Billy"
fIr. Chntol--1hc counsel must do MS own damning.
the cnI.
Odd You not tell me about this before. In private
A.-Yes aud AN sorry that did.
Mr.. ClntOn-i object TO THIS lnterIcWln. OF The wit
Mr. Lord-I wish to refresh the memory OF tho Wit
ness
Tho Withrs"I Tccocct calling upon Mr. Lord; rccOl-
cct that said aiOuld forget the circumstances"
when asked recall the Com0dOre's exact language,
he sad Tie Commodore got NJ anHilY aud said,
: Billy, Billy, hc always tells more than Ia knOWs.''
The whole testimony WAS objected II, 40 1t tended TO
Dr0vc nothing.
On the coss-ex animation the witness said hc went 10
see the Commodore exclusively ~ the capacity re-
porter about Tumor3 In regard t. the Central Rail
road; oil the converse that subject the sub
stance Il that tue Commodore disdpprOyed OF