The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1878-06-12
THE VANDERBILT Will.
Resuming the Contest Over the
Commodore's Will.
CONFLICTING DETECTIVE STORIES.
The Conspiracy Allegation in
New Dress.

The Vanderbilt will case was resumed yesterday In
the Surrogate's Court If the case goes on at its
present will certainly not be finished this year.
although Mr.. Henry L. Clinton, counsel for tue pro-
ponens said yesterday 10 answer TO an inquiry, that
their side OF the would be BRIEF "We'i make
short work OF it, he declared, "when We once come
10 I'M The case at ITS last hearing set down for
avery Tuesday, Wednesday and Friday up 10
the Sd OF July, and then was to go over
70 September 90 when II was to be con-
tinued on the same days Of tine week to Novem-
Der Taxing yesterday and previous days as spsci-
mems, the Surrogate, counsel stenographcr, CLERKS
and others engaged IN the Vanderbilt Will litigation
will not be likely to kill themselves by overwork.
Tho proceedings generally commence alter eleven In
the morning there Is recess for hall an honr'
but VIII CHI generally extends hour; and by half
past three four this easy days work is finished.
Mr. William II. Vanderbilt LOOKING fresh and hearty
after his European trip counsel, Judge Com
stock and Mr.. Henry L. Clinton, arrived by eleven
O'Clock. Mr.. Augustus Schell and few other friends
Of Mr.. william H Vanderbilt took sents beside him.
The party must havc felt apprehension OF legal
defeat for they exchanged lively jocuar remarks and
laughed loudly.
A tiresome walt ensued Mr. s. Tenney was
the FIRST of the contestants counsel who made his
appearance at twenty minutes after eleven Mr.
Clinton finally got very impatient, and limited that 1t
might DO advisable to send for Mr.. Scott Lord and
Mr. Jeremiah s. Black. This was done, and at half
past eleven Mr.. Lord appeared and annoenced TO the
Surrogate who had sent for that he was unable
TO 20 owing TO the mysterious absence OF Judge
Black. He had left Judge Black at the New York
Hotel, and he promised come down Immediately.
Judge Black, however, now made his appearance and
the Surrogate said:-"Weli, Judge Black 10 here
and the may go on" Mr.. Ethan Allen, OF coun-
sci for the contestants, was also prcsont now, but
none OF the contestants OF the Vanderbilt family
could be In the court room
Mr.. Scott Lord-If the Court please desire to mako
motion for contin of tho case, and, have
been unable finish the papers for my notion shall
want hItle additional time.
Mr. Clinron-will the counsel go with some ties
tmony meanwhile?
Mr.. Scott Lord-I shall want little time. We
Mr.. Clinton Qrowning) -oh. that's the old story all
over again.
MR.. CLINTON ovRRRULEp
Surrogate Calvin (aughing)-Let US hear the coun-
sci II may be new story, perhaps tLaughter.)
Mr.. Scott Lord complained that II had been posi-
bic Tor him to finish the papers IN time. He urged
That his motion would either dispose OF the case sum
marily or take II over 10 next fall
Mr.. Cliuton-Your Honor, object This is exactly
the old story again. We have been waiting here
al an hour, and now they want another post
popemenL / OBJECT because i. is the same dia.
tory course which We have opposed all along.
Surrogate Caivin-How much time will the counsel
requires
sir. Scott Lord-Til past one
Mr. Clinton tvgorousy)-lhe counsel does not even
say to the Court tina. no has witnesses here in
Court who could meanwhile be examined. Now there
are witnesses ere sitting right behind tpointing
nj stout lady IN black accompanied by genteman)
and there IS no reason why they should not be ex-
ahmed now.
surrogate Caivln-li the till half
past one to make motion in good faith shall GER
decision tue pending offer OF the contestants which
Is a question OF some magnitude.
DECISION
The Surrogate reao long decision adverse to the
CONTESTANTS aud ut which Messrs Scott Ldrt and Jcre-
miab Black made raih.r long faces, while Messrs
n,l Crppzf nnk nsann
ii. Vanderbilt, who lad listened 10 u with his head
resting against his great heavy hand looked psrcu-
ms glance upon the Surrogate during The decisive
portions Of the opinion. The decision rccites AZ
contestantsnamey, u put Mrs LIE Bau on the stand,
that she might testify that she never "taked
against" the Commodore's second wife Tor present
wiaowL Harry Allen, a grandson OF the Commodore,
bad testified that he had hoard the Commodore say
against his (secoDdl wife. Alien further testified that
when told the Commodore that no aid not believe
this the Commodore reiterated that u was
true, and he knew ali his daughters were talking
against his wife, Tor Biiig (Wiiliam b. Vanderbiit)
had told him So The contestants offered TO put Mrs.
La Bau OF The daughters, on the stand TO show
by her testimony that she never talked against the
Commodore's vile, and II this evidence which
the surrosate's decision excluded. When asked as
10 the which the decision would have on their
side Of case, AR Lord said 10 b HERALD repor
ter 1T will exclude great deal Of testimony
which SHOULD have offered We wanted 10 show
from the daughters that they never talked against
The Com modores wife, ana thai William Il. poisoned
his falher's mind against his daughters by telling
him that they did" rne following are the mum
points OF the decision, which quotes numerous
presidents as 10 the inarmissbty OF socn testimony
LEGAL GROUNDS DECISION
testimony given ~ Gr Allen as to the Of the
testato under consideration do not in reflect
mere proof that such influence exercised
they affected his mind and influenced his will would
s@peisn y hs Of sss. ,s alter ns sne
influence, then clearly he might by such
ceased the execution OF his win that
y 4. Ssesaa h sSa. A', cGrns isssa RHs
hac become addicted TO the vice Of intsmperance
csp.be q asng care Of property and had advised him
him 20 much in trus. as wosi support bm aud that
these as % s % he had %sss gs
Snd Mould haze gwen . an eaa. share MN his orolnsr
w" aaaer o shs"oae william T. .mdsrb, coaia not be
heard deny il, aud the De
By his own declaration 70
which. under statute, mus, be revoked by the same
msSoas cases it held revocston cannot be
thosn by he subsequent declaration Of the teststor.
Wherefore tbs evidence Is exc uded.n
MORE piLLy.BALLYIsG.
At balipast Que Mr. Vanucruilt anu his counsel wero
orposns counsel we're again conspicuous oy their alb
sence Mr.. Vanderbilt remarked 10 his counsel "Why,
lthvug1t they we're gong TO be prompt this time"
Wan his hiking Tor punning ex.Judsc Comstock
dryly returned, The Case going o,tncr 10
iaii .he sutumn) or MS going 70 ia over' Al which
Ar. Vanderbilt burst into hearty laughter. Aiter n
OF twenty minutes Mr.. TonDcy, oi counsel Tor the
contestants walked INTO the court room, but see-
Ing none oil has senior associates present no
walked out again. Five minutes more elapsed
before Aessrs Lord and Black arrived. aud
then MT. Unoerhin, the stcDograpLer, WHO
desired call the Surrogate. Qucrlcd, 'Resuy,
Mr. LORI ~ and Mr.. Lord Responded, Mot yet; Mr..
Alien isn't hero yeti Another wait Of several min
ntes anu nnaliy IT, Ethan Alien alec turncu up Mrs.
In Bau tall sim lazy In deep black, came IN nj tho
same time aud seated herself Dcnind jude Black.
rnE CONSPIRACY STORY REoPENED.
Mr.. Allen read an affidavit W Mr. SCOT Lord which
opened ny me most extraordinary feature Of Van
der " "A
hgpL IL viii be remembered that the last adjourn
OF the asked Ny the contestants In ore
DER TO produce ihree ives Franklin A. RedDurn
MiIism H. Clark ana George A. Nasop-by whose
testimony they proposed 20 prove tnat William h.
Vanderbilt ana Cnauncey NJ Dcpcw got up conspiracy
against Cornelius that they hired these deteetvest 10
follow wnom Depew Identified as Cornelius j..
but who. they subsequently became satisfied, was
lot Cornelius j. that this "bogns" Cornehus j. was
followed Ny them TO houses OF III repute gambling