The sun. [volume] (New York [N.Y.]) 1833-1916, 1878-11-13
mr. DENIISr THIr SUED BEECHER.
Unable to Get his 'restimony into the Wander
hit WIN Case, the Contestant Rests

Undcr these circumstances tho contest
ant rests her case were the words Of Scott
Lord in the Vanderbilt will casc yesterday
morning after the vain effort to gct in the tcs-
tuuuy Of Or. Solomon skinner.
In ,hc many months tint have been consumed
I'm the trial there have been constant complaints
from Mr.. VIM. II. Nnndcrbilts lawyers that the
cont stants were working for delay in many
ways. consuming time go rs TO prolong the de-
termination Of the suit
In reply to these complaints and accusations
Mrs. La Bau's lawyers have asserted that they
were proceeding with all possible diligence;
that many witnesses they designed TO call had
been either frightened of or bought of by VIM.
H. Vanderbilt; that they were constantly dis
covering now evidence which they were entitled
to put in. and that no matter how long time
might bo consumed the Court was bound 10
hear II.
Finally mn agreement was made by which tho
names " the contestants witnesses were handed
tQ the Surrogate on the condition that they
should not be disclosed To VIM II. Vanderbilt or
his lawyers. Under this arrangement the case
has been going on several sessions. the time
liked by the agreement year ago hast summer
for the contestant to close having long since
expired.
several times since the names were handed
up the contestant has offered witness not on
the list. Objection has always been made, but
the Surrogate has for various reasons admitted
the proposed testimony,
day morning as witness. Mr.. Lord offered to
prove that NJ early as 1873 or in the fall OF
1874. Commodore Vanderbilt was seen 10y DIR.
skinner IN state OF imbecity-not drunk,
but from the docndcnce OF his mental faculties"
After long argument on the objection to re-
ceiNing this witness. because his nnmo was not
on the list. the Surrogate decided that the paper
containing the list Of witnesses and their ma
teriality. minded up to the Court under the ar
rangement. concludes the contestant from Civ
ing any further testimony unless II shall appear
To- he such newly discovered evidence ne would
Inc NW NNf
case had rested. and that in order to determine
the question whether IL il newly discovered owl
dencc. II is incumbent upon the contestant
upon affidavit 10 show that II is material. and
that 1t Is not cumulative, and that II is nowly
discovered. These nliidnVits must Ice furnished
TO tho other side, that they may have time TO an
swcr
Judge Black and Mr.. Lord insisted. with great
particularly. in having this decision upon rcr-
ord in unmstaknllc terms, so that Il should
appear that tho witness was excluded because
his name was not on the list. and thus the
announcement was made 10y Mr.. Lord that the
MIR Clinton and his colleagues seemed to be
taken by surprise After consultation they
moved for m adjournment until "Wednesday
morning. and il was granted by the Surrogate.
Both Mr.. Lord and Judge Black express the
utmost confidence that Surrogate Calvin has
made n great mistake. one that will cause the
case to be sent back for retrial should he decide
against Mrs. La Bau.
The proposed witness. DR.. skinner. Is the
dentist who was plaintiff In the somewhat noto-
rious suit OF Skinner against Beecher. when
Il'ht) NNih hls Nii' Mtit.
for the value Of n set Of teeth furnished Mr..
Beecher. DR.. skinner alleged that he had fur
nished n set Of teeth for DR.. Lyman Bcechcr at
the order OF Mr.. and Mrs. Henry Ward Beechor
upon their representation that the Beecher
children were about to present the teeth to their
father; that he frequently called Tor his pay.
ana was put OF on the ground that the portions
subscribed by the other children could not be
collected by Mrs. Bcccher: that when he visited
Mr.. and Mrs. Henry Ward Beechcr to demand
his money. Mr.. Beecher admitted TO him that
after DIR. Lyman Beecher's death his teeth were
taken out and the gold melted over that he
court on the Beechers' plea Of the Statute Of
Iimitatipua