The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1878-06-19
DRAGGING ALONG.
Little Progress Made Yesterday in the
Vanderbilt viii Contest.
THE GOLDEN CALF"
A Pretty Interchange Of Compliments
Between Counsel.

The Vanderbilt win was resumed Yesterday
morning before surrogate csivia Mr. william d.
Vanderbilt. his brother Cornelius j.. and Mrs La bau
we're present as we'll a tie counsel and friends OF
both parties WHO regularly attended throughout
the proceedings
Christopher d. shurragar. the first witness, who
turned out finally TO be witness Al all, testified
that he did know Commodore Vanderbilt and had
spoken TO ham IA his iie. Ms Lord asked nun
10 state q conversation be had had with William X
Thorne on tho subject Of the commodore's iortane
and family. The witness replied that ne dia not TO-
member any such conversaiion. and Mr. Lord pi4ed
him with various questions to refresh hs memory.
Messrs. Chnlon and Comstock vigorously objected
that the counsel must not .pamp % importune the
Witness" and although the Surrogate decided that
Mr.. Lord haa tho rSht to refresh The memory Of his
witness, Mr. shurrasar stepped oil The stand Without
making any revelations whatsoever
THROWING MONEY INTO HUDSON RIygg.
Mr. James IS. Heney ONO % East Ninety nrs street.
old shipwrlght, who knew the Commodore In his
steamship days Ia 1855 and LATER was called, as NJ
Lord explained to prove that IN the Apii preceding
the execution OF tho will the Commodore told him
ths:-"Wiiliam has told me thatJerry Siinonson "a
nephew OF Commodore) ana Cornell are both fast
boys and that giving monoy Is like throwing ~
into the Hudson River"
Mr. Cornstock-I DON'T see the relevancy OF this.
Mr.. Lord--lhlt is not at all wonderful (LaushterD
counsel would only carry the case better ~ his
mind he would see Il and would not be making those
Interruptions all tho time.
Mr.. Comstock (asgrily)-I though, that could
mako this remark without being ms lted.
Surrogate Calvin said this testimony would DO I'D
missiblel If MIR Lord had established conspiracy by
William H. Vanderbilt with view to show what
effect conspiracy had upon the Commodore's mind
but not
Mr. allvl- lhp nh pcl nj
this testimony to bring the North River into tho
case give counsel chance TO set It ire.
(Larghter.l
Mr. Lord pleasantly I'll give Mr. Clinton the
credit Of having said the brightest and keencst thing
yet in this
MI. CIinton-lt must DO keen indeed II you appreci-
ale il lLaugnter.j
The Surrogate excluded the evidence for We pres
ent, and Mr.. Lord took exception.
The witness very deal and garruous, SO that
he had be shouted ut by the counsel and the
Surrogate both 10 make him understand the
n questions and TO restrain his oquacily The Sur
rugale allowed him testify that he went
10 see the Commodore about damage to his
property caused by the Forty street depot,
ana the Commodor told him that he eit every hing
In the hands OF his son William H.. subsequently,,
when tho witness called, tho Commodore did not
quite recognize him said that Tor The last two
three years his memory had been failing him very
much he spoke OF Cornelius j. as his ''poor boy,'
pnc, when Hency assured him tnEt no had three
Nil gwen TO dissipation, and who all turned IN the
right path the eleventh nour, the Commodore told
hun that ho had gwen him tine Commodore) great
consoation.n
A VERY DEFECTIVE MEMORY
Mr.. Clinton, in his cross-examination showed that
tho memory oi tho very bad in respect TO
the situation Of the rooms In when he saw the Com
modcre.
Mr. Ciinton-How old are ysu, Mr. Honey?
Mr.. Hency (with reserve)-i'in sixty. any way.
lLaugh.er)
MIR. Lord (sott0 r0cel-Forty years and upward.
Mr. clluion-Are you seventy
Mr.. Heney twih Increased reserve)-WeiI Sir, ia
have 10 look 1t documents (Laugnter.J
Mr.. Clnton greatly confused the witness about his
personal quaintance win tho Commodore and Will
lam II. Tie witness said he knew MIN (mcaning the
Commodore) AS well as his brother. and Mr. Cnnton,
uGders tandng HIM meaning William H., asked him
to point cut William ii. in the room A. tnis tho
wi,ncss looked around coniuscdIy, William H. assum
ing blank expression ana LOOKING tly away
He did mot recog nize wnliam h., and there mucn
laughter wuen he said he thought he saw William h.
- INC witness the last FRIDAY.
Mr. CLINTON tpointiDg out the bigaced aud white
mustacnsd court officer next The standl-wus 1t that
William H. vanderbitf
Witness (amid ioui lauehtcr)-No, sir.
Mr. Lord-You are making tho of1cs- blush.
Laughtar.)
Tue old man finally stepped OF stand, m umb,iug
all tho way to his seat ABOUT The people who knew
him and could voucn Tor his good CHARACTER
A BAKBKR's
Henry Keith, barber, testified That no shaved the
house every morning ut about eIgh O'Clock, aud stay
ing twenty minutes or nall AN hour. Mr. Lord asked
keith TO statc whether he over heard tho Commodore
call Dr. Linsley some rough and throw
something at binl, and the barber ropiicd that he
could not recoiect Mr.. Lord pressed HIM. but the
witness s,ubborLy persisted that he knew nothing
except what nursc-Agnes-had told him. Mr.
admission to the Commodore by Mrs.. Vanderbilt.
Nj. Clinton vigorously objected aud said mock
inxiy. "There rs no marketable rignt guaranteed by
the constitution OF laws 10 any barber 10 come ana
shave his client at any time he peascs" llaugbter)
Ar. Comslock also protested that -hrs Vanderbilt
p0ua not certainly have excluded Tue barber Tor
unistcr purpose, ana there nothing show that
stood any relations " the Commodore except In
those Of barber. The rber's PRIDE visibiy
touched, and though he had hitherto manifested
great unwinancss TO testify no now volunteered the
statement ''and IA purse.p
The surrogate--w-lI, VI tho barber went there in
pursuance OF tue Comnoaorc's directions and was ex
ny his vile that Is Tact which think ought to
seive.
and CliDtop during which The Surrogate good huin0r
Daly 81 know that my Cnnton has naDt
Of ioreciosiug tho Court, out the Court ISN'T lore
elosed."
The witness finally testified that ono morning whom
he as usual TO ihe house to shove the Commo-
dore Ars- Vanderbilt and Mrs. Crawford toia hin tho
Commodo s.too sick TO BE- shavcdn and sent
him away. Next morning no was sont tor earlier
than usual and ihs Commodore told bim that when
No wanted the witness 70 come Ia ne should come ~
Tho Commodore also made INN call the TWO ladies'
anu Instructed thom 10 admit the barber Whenever he
10 shave him.
Thus dnisned Tho BARRIERS evidence. and at ono
O'Clock taken "ior nall an hour" Alter
an the counsel Tor the proponents we're assem-
bed ana surrogate CALVIN camo IN, but ~ ere was
no sign OF the learned representatives, Of inc contest
ants tue Surrogate returned 10 his private room
Finally, Al twenty minutes past two, Mr.. Lord made
his appearance aud escorted Mrs. La Bau INTO the
court room
ANOTHER
Mr.. Comstock nov grimly said tnoy had waited Tor
nearly hour time. They meant 10 press
the TO close the evidence for the contestants
within tho nine days granted them the adjourn
men, Two months ago unless somo very exlraordi
NARY pu-Ou A O Wua
OF these days, and plain TO that
the So called conspiracy Witnesses would never be
Produced. The testimony Tor the contestants was
now being only spun Out order that The case might
20 over next tall. In this way the could
20 on indefinitely n not forever.
Mr.. Lord replied IA quite an mpassioncd strain -
ssAs sure these clouds lowering over the city
will break and the sun shine again. SO surely viii
tncso Witnesses bring out the truth IN this and
wc shall have tho bottom facts ana he promised that
lie would use his utmost diligence 10 produce them