New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1878-09-25
TILE TANDERBiLT WILL CONTEST
A spIRrUALIsTs STORY EXCLUDED.

A SPIRITUALIsT'S STORY EXCLUDED.
long ARGUMENT OF COUNSEL UPON MS ADMIssi-
BnrIY-wHAr MRS. CARLETON HEARD IN THE
COMMoDoRE's OFFICE.
At the hearing of the Vanderbilt will con-
test Yesterday, the smrogae's Court, there ll
array OF counsel Judge Black appearing with Ethan
Allen Scott Lord aud other counsel for the contestant,
and Mr. Choate, with Judge ComsOck and Mr. CliutUU,
for the prepayment The proceeding opened with ar
gument as to the admissby Of the evidence offered by
the contestants that 1878. anterior TO the making of
the will by Commodore Vanderbilt, he had said 10 Mary
L. stone that he had had communications from his dead
wife urging him leave his property 10 his son william,
80 ms to keep together and that he intended to DO so
and that william H. Vanderbilt knew all about IT, Nj.
Lord said competent 10 show that 1t was by means
Of undue influence that the Commodore had been led to
leave an enormous fortune TO one SON. after having
given him during his otime larger fortune than that
pos,cssed by almost any other man In the country.
Mr. Clinton argued that there were four fatal obiec
tons 10 the reception OF the evidence the date was too
remote TO throw any light on Mr.. NanderbiVs moral
condition at the time OF making the Will; spirttuallsm
could not be made issue In a court OF Justice ;
II t. could, poden sprituallsm could not be
brought In to affect the conceded facts In
this case under the objections made by the con
estans evidence 10 regard to sprituasm could not be
Mr. Iori moved TO amend his motion to show
that bs con We satiOn with Mrs Stone took place IN
III me oueson was reargued. The Surrogate proposed
hat COMMUNICATION be had with the departed In order
nd testined that she had interview with Commodore
Vanderbilt in September 1874. The admissibliy OF her
further testimony then further argued by Mr. Lord
and after the Surrogate announced MS opinion
that Ould be received rs be was satisfied mat III
II would prove that the testator believed In
spirtualism influenced by such Delef III making
III John Newall of Chicago, gwas called TO testify to
oouyrI saton with william H. Vanderbilt The testi-
mony objected to. and the objection was sutine
fpQtlIen
introduced TO Commodore Vanderbilt IN bS94'
ard in 1894 visited hm at eS 70 once Go saOc 9Sm
an the Stock Exchange which would rum one
OF the witnesses friends. las rose 1, 70 Leave S
see nv son GrorgeP said No. He asked; did you
bear Of him WIT d h Won think Of tbSt
1 e Snswered that thought 1t fine looking face
He sad yed IFS eyes cd With tears The silence
bocame piin'ul. aud said You nave other sons lie
snswercd Yes. my sons William and Cornelius Cor,
1us has been sick and my sympathies go out TO HIM
aid: You have daughters, who are elegant women.
no o them they came OF this stock witness struck
herself yocny the chesi and they have reason 10
IN anne day receive from me- aud he bowed his head
as impressed with the great fortune which was 10 ue
se pp Walker g. wyo was recalled and examined at
great length to the conclusions ne should draw as an
eIner from the facts stated In the paper called the
ontonsy These conclusions were that the patient had
been debhtatcd for many years and more OF less OIL
long period of waiting 0G sSc Answered. fsS
| IN clear ringing voice, and through cr0ss-ex-
animation lasting nearly an hour did not lose her SELF
nossession for moment Her story briefly told Is as
Follows: She is the daughter OF James Purdy Merrtt
and lives with her parents In ThIrteth-sI she was
| married In the Summer OF 1885, when she lived on
| Fourthst. She knew Commodore Vanderbilt by
sight long ago as sne eo1ia , rSIein seyI
him in her husbands bakery No. o6s Broadway where
he came several times to buy cakes when she sou MN
ale also met him often at DIR. Deems's churcn MT
Carleton failed ia March, 1873, and In the folowine
May Mrs. Carleton called at Commodore vanaeF d
onice in FOurth-st TO consult nm on business anu WA
IN the front Office with him little more than an nOuT
IN The latter part OF ptember following she called on
him again. The door was open, and she went IN th'
front Office was empty, and she advanced toward Ihs
| hack office, which was separated by screen, shi
| heard William II. Vanderbilt speaking. lie SAID IN
ioud tome tell YOU Cornelius and the other eh1reI
| hate you and wish you were dead" Tue COmLnouor
| replied :" Very well l will arrange matters aecoru
isvS witness made A NOISE 10 attract attention, ant
| steuped forward. The Commodore asked her 70 D
| seated, and william walked up ana GOWN inc toOm
few times, aud then went out -. .-.,.t-.
The witness the stand. under crosse m m
ton when the court coeod The case VIII again DC u
| at 1880 a. M today.