New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1878-10-23
THE VANDERBILT VIII CONTEST

STILL DISCUSSING THE TINE QUESTION.
A urTLr MORE EXPERT tt srLuONY SHARP REToRTs
BY CJTNsRL-DFCIIoN RESERVED AS TO TX
TENDING THE CONTESTANTS TIME.
Among those present at the hearing in the
Vanderbilt viii case yesterday the Rev. DR. Deems
and Augustus Schel. Counsel more prompt than
usual IA reaching the courtroom. Aside from little
expert testimony concerning the Connodores diseases
the day was consumed IN and in reargument
OF the question OF continuing thc case.
The question OF tue continuance OF the case was de-
frrrcd uutI the examination OF DR.. Edward Petzold
Wns completed Mr. Lord opened with question which
assumed that disease OF tao CommOdOre'5 brain had
been uducrycy proved by evidence concerning dis
eases Ia other paris OF the body. The question was
whether such brain disease would lie likely produce
SIM further diseases in other parts OF the body.
"I never heard such absurd question IN my life,'
exclaimed judge C0mstOck
when the counsel substitutes such expressions as
that for argument" responded Mr. Lord, lc only de-
grade, himself"
Judro Comstocg was indignant "The counsel" he
said 'is not the one TO tala about degrading
myself could ~ something TO him taat might tend
10 degrade him"
wei. say It. Iwoud have something to say in re-
turn" responded Mr.. Lord.
The Surrogate thought both the counsel TOO emf
neut 10 their profession 70 such language toward
each other He SAID he had never In which
the counsel were snappisb either toward each Other
or TOW ard the IA had overlooked II as far as pos
uc b.cause he supposed II was, perhaps, inevitable IN
case Of this character lie had given mp all hopes Of
being abe 30 restrain t by rcproOf The Court sls-
tainca the objection TO the question
Aisr cons .dcrabe discussion This question was al
lowed What changes ia u mans habits OF life are likely
10 produce hypochondrial 2" The answer was, change
! from hard labor to easier avocstons.
$50 suppose" SAID the surrogate, he learned
sal from syracuse when carry ing cases before
Justices In OuOndagH County was not hypOchondrisc;
but since he has au with large fee in large
case IN Ncw-Yotk he may be supposed to be afflicted
! with that disenso."
"Whom is he talking about T. asked Judge ComstOck
drrtraiIy as he opened his eyes and looked around
! uhle everybody laughed.
An adjournment taken to enable the contestants
counsel to prepare their papers IN regard To the question
fconiinuAnce The Surrogate had decided last Friday
that he would allow the continuance unless the
names Of the were given. Ms La Blu, who
mad been absent during the morning returned with the
/ counsel when tteY came back an hour dtterWsrd.
she .nld that since had heard read the affidavit OF
William II. Vanderbilt in which he denied the STATE
mens made by her in ner ahdaVt OF October II, she
wns persuaded That II would be unsafe TO make
SHOWN Of hcr witnesses; that she had many
witnesses VINO she was ADVISED "eIt necessary auu
for the safe and proper presentment OF her
case that every effort had been made TO advance rap
idly with the case 'hat the ueponeut oeeNCu tna ol
forts bcOn made in the interest OF the prepayment %
keep her witnesses nom the court, and she be-
heyed that her other witnesses were NAMED the same
efforts would be made 10 keep them away.
Mr.. Lord requested ihnA rubH OF bnt court INST
Fday should b. 30 fac changed that the contestant
should allowed proceed IL The names OF her Wit
nese- the materially OF their testimony were dts
| closed 20 the Court
Mr.. Cilnion-suoh monsirous proposition requires
no answer from We ask that the decision OF the sur
rogato be The COnrt nas no httO iock u IN
it, such private adaVts upon which lts action
J1dgo Black would call this absurditY If did
not IUcollcct who proposed a. For TO call man alb
surd is the next thing calling HIM fool. The New
Testament thai he who Gals his brother fool sna
] be in danger OF hell IRE Therefore, Won't do IT,
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judge COmstock-You don't want TO Increase the dam
1 ger.
TALL the counsel learned, hut he ~ CaTHed
mad better pick Of Lhr Ideas huaing around
that Is tied up and that his home IS fuu Of water
Iauxatef the qurf t0n shall THIS case be closed
Eimply because the other side cay they nave heard
enough III When your Honor said that the senior
contestant uttered dscOurteous III n
/ Two mistakes 1 am not the senior by
"A good deal. am not conductor or engineer OF THIS
tran but Kind OF loose guard prOvou the wreckers
from throwing train on the track lLaughterl a
second mistake was 10 surprising that We meant 10 be
uncaRdd in naming OF the witnesses. But we now
ask 20 prove good faith 10 the Court without putting
ttn the power OF our opponents buluZe Ii they
don't want bulldOze our women. what do they want
| their names for !
Tine Surrogate said that the proposition put the Court
ward position the custodian OF certain facts
strongly Oi the opinion that he ought not 10
put himself In such position He did not wish o. l-
pute improper mot either de. There had been
great temptations, and that singular Things had nap
pened n the case knew better Jhan the Court
The Surrogate added that the point urged by Judge
Black namely that long competent testimony was
of red could be closed, had great weight
with the Court II the were stopped thus, the APP
peHe Court would be apt 10 send II back because
they would say had been tried He would
/ hs declson until this morning
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