New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1878-10-05
ADMITTING sPIRITUALIsTIC EVIDENCE.

ADMITTING SPIRITUALISTIC EVIDENCE.
THE sURRoGATE's DECISION CONCERNING THE DIS
PUTED TESTIMONY IN THE VANDERBILT CASE.
Mrs T.. Fletcher Bishop, the witness Oh the
stand in the Vanderbilt will case. at the adjournment
on Wednesday, not present in the surrogate.s
Court yesterday. MI Lord said she was sick, but he
would ike to have completed the argument on the
admission of her testimony, regarding the influence of
spiritualsm upon Commodore Vanderbilt, IN the max
ing OF his Will.
Upon this matter Mr.. Choate said that back of the
whole subject lay the question OF spirituasm as bear
ing insanity. The law would presume that per-
fectly sane mind might entertain such belief There
were involved here the question of testamenlary capa-
CITY and the question OF undue influence The rulings
in all the leading cases had been that tesamentary
capacity could only be affected by a spritualistc
belief where this belief was exhibited in mind shown
IN other respects he unsound As TO undue influence
il must be shown that believer i'll spiritual mediums
acted In direct obedience TO their directions before
proof this kind could be entertained But here some
connection between provision OF the Will and the
spiritual influence must be shown No such connection
could be shown in II the tesatOr had fol-
lowed implicitly the spiritual dictation he would have
gwen the whole property to William H., whereas some
$4,000 posed of in other directions There
II nothing in the viii to indicate that when he came
10 make the will on the 9Th Of January following he
was Influenced any way by this supposed reyea-
ton.
Mr. Lord claimed that although several millions out
OF the one hundred millions had been disposed Of In
various directions, yet substantially the testaor fol-
lowed medication OF the supposed spirits.
Judge ComstOck closed the argument. Obviously, lie
.aid this testimony could not have been admitted be-
fore the testimony OF the SO called Mrs. Stoddard
The Surrogate" That's clear"
Mr. Lord called Christian L. DcavaD, OF No. AZ West
Twenty sxth-s, who said that he had been Broadway
merchant had lived in NewYork forty years and was
forth
He gave "a conversation with the Commodore in his
Tourtht Office in 1874 that provoked the derison OF the
proponents counsel and the laughter Of the spectators
Mr. Lord asked the witness what said in recaid ~
She COmmOdOTes sons.
81 went there" said the witness to make the Com.
modOre present spoke TO him about his sons Will
liam and Cornelius. said, says l. Commodore, VIII
liam is nice boy says |, he's mothers son., says l.
Hes very amiabe boy, said an apron boy says
l. Laughter in which William Ii. Vanderbilt joined
but there's Cornelius said he's all come around
lie was Maynard once, but he's all right nOw says l.
And the Commodore said yes. Then said, Commo-
doTe, brains everything says l. There's TOO much
brains in him for the time being. but he's all right now
And lie nodded as If be thought so too" lLaughter1
There was no crosse Examination.
Mrs La Bai, the contestant, recalled, and Mr..
Lord once offered by her that she did not
say she hated her father and wished him dead. The
Surrogate again excluded the He said that he
and that If William H. Vanderbilt said she did he told an
uptruth He would assume that. all the children were
dutful except Cornelius J. where he was shown TO
have been otherwise.
At the opening OF the afternoon session the Surrogate
gave an elaborate opinion upon the admission OF the
spirjtuastic testimony. He reviewed great number
of cases similar character in the English ana Amer
Ican courts aud read the comments OF famous judges
upon testimony offered other cases for the same puf-
pose. He then continued: .,,- $500. -.
Wbeu similar testimony was offered In TINS Gaze mere,
tofore II was excluded, not tending 10 show general
unsoundness OF mind, and because the contestant
eounsel dsclaned expectation or showing tDat me
will In question: or any OF the provisions, were the on
epriDg of spTtuasm. But upon the authorities wIlch
i have cited. expressed the opinion that testimony
tending show that the will was the offspring OF spf-
iuaisn, would be competent as bearing upon the que
fOn of the mental uusOundness OF the deceased ana
whether the instrument was executed under undue IN
dueDce other words, whether 1t was the einanatOn
OF mis- own mind Of some other which Dominate IT,
on more careful examination VI these authorities am
confirmed IN that opinion. ,,.,
FrOm the best consideration have been able TO give
the subect am Of the opinion that the contestants,
boueyer incredible the testimony or equlvOcaI INC
Character of the witness calling herself Mrs St0dd&Td,
have tine ght at this stage OF the case 10 assume mat
her Testimony Is entitled TO consideration ana that II
believed there evidence tending TO show That the
instTupent in question may have been the offspring OF
turtual deusiOn aud that the testatOrs beei III spirit
l..Waf I'M N n "a M \