New-York tribune., 1878-11-27
THE PROCEEDINGS.


legal partner Governor Gardiner OF Vermont was
called to the stand by Mr. Clinton Judge Black at once
insisted upon Mr. Cnon's stating what ne expected 10
prove the witness and when the Surrogate refused 10
require the counsel Judge Black demanded that
the matter should be entered In detail upon the record
surrogates decision seemed to Judge Black,
and lie again upon bis feet and maintained his
place. although Mr. Clinton protested aud the Surrogate
declared that no question was before the court
Judge Black suggested that he was consid-
cred in order and would be permitted by the Court to DO
So he would object the introduction OF any evidence
OF sanity disconnected with the making OF the will In
reply question by the Court whether he objected TO
any evidence regard to the mental capacity OF the
testator except which relates to the execution of
the will Judge Black said 81 do not object TO any
thing which shows in general way the
mental capacity OF the testatOr. 80 far from
that admit that they show 1000 transactions and
100000 conversations that he has had with persons.
which would indicate no sign OF insanity or want OF
mental caIacty. II any calls to testify in
this ease vii say that have seen Commodore Van
dcrOt several in the Of my lie and have
had conversations with him, aud that nothing occurred
which the slightest degree created suspicion that
lie insane. l have no doubt that they can
go all over his lie I'm that way, and can
prove by cloud OF witnesses that he did things whch
seemed them to be rational enough II counsel has y
right TO 90 with tus (and II he claims he hns
they can 20 all through his life for the mere purpose OF
proving wna nobody denies namely, that he as done
rational things this is done IL Will open the door
for Kind of evidence by way of reJIttal that
they have present thnk no suspicion or ana Whch
they ought not tempt. do not care to argue tho
case and the gentleman cannot do me any great injury
by interruptng me, however often he may try IT, do
not care about any hing except getting this proposition
before the Court have right to get it now. do
not want them to sneak In with any evidence without
letting us know what II Is"
The cSurogate-What the contestants desire 20 show is
that the Commodore manifested mOnOmaHia upon tho
subject Of the acquisition property Is it not entirely
pertinent to show that 1t not continuous bGt an
ntermttiug condition of mind and that the viii might
have been made in the same humOrf
Mr. Lord-Tne will is right in the line Of the mania
The Surrogate-The witness can state the business
that had with him, the nature OF that business ana
whether the Commodore appeared to be OF sound mind
and rational
Mr.. Davenport then stated that he was one OF the
counsel for Commodore Vanderbilt in the same suit for
the force osUre OF q mortgage the Bennington and
Rutland RlrOad in regard 10 which Governor Gar
diner testified last Friday. The witness received MS
information regard to the case from Commodore Van
dcrblt lie also present at the examination OF the
Commodore befoge the the commissioner, testified to
By Mr. Gardiner. Details OF that case were gwen al
length by Mr.. Davenport.
Tho witness rcsumnc, said that he had 4 converse
ton with Commodore Vanderbilt in which the latter
stated that work OF conducting railroad was sim
lar 10 the management OF trust He had always made
money out OF railroad by improving It's condition
When he made ANYTHING Tor the road the rest tue
stockholders also made money have heard nun thik
of the N.w.YorE Central and Hudson River
Railroad securities in Europe He would PsInt Ps
tuato as other railroad securities did, but were
The ommod5ro also talked about lawyers and Their re-
cuiar abilities He spoke OF Charles OSonor IN wnom
senator Conkins OF whose aDty us a lawyer nc aso
had high opinion. lie spoke Of his sonin law, Horace
ik and said that he Thought that he mad made mis-
take in going out OF law INTO the raliroid business
heard him talk aDuut politics. anu ABOUT music
yTbe ne would call To hs WIG 70 sing old ballads He
would compare Old ballads with modern music One
nousens but ballads like. In al thes" conversations
the Commodore appeared to talk coheEcnty and lnte-
gently"
Being asked by Mr.. Lord In regard 10 conversations
with the Commodore politics, the witness replied tnat
place under . Bucharfhn's Administration, when
tho PRESIDENT invited him 10 come to Washing
ton and talk with him respecting the measures
that shoudIbo adopted IN connection with the sout
ern Secession movement lie salj that ne ddnt want
politicians aud 50 he gave the President to understand
than from New York Washington The President
Piled asking him II he would give nam an lnieryew u
he would COMO to New-lork. ana ne s.!G ne wonid.
OF the mbers OF his Cabinet, ana he answered
that II he wanted to bring Governor Brown. VINO
Postmascr-G General, he might do 50. Buchanan sug
he Gldp't think much OF MN, and didn't
want him present The result was mat the
President cane 10 NcwYork ana had au interview with
him lie said that also had an interview with PreSt-
dent Lincoln In regard to furnishing steamship. He
declared himself 10 be Uuion Democrat aud whcn the
Rebellion broke out lie didn't see any other way 10 do
one OF The most interesting features OF the
animation was that called by Mr. Lord who asked
the exactly possible what was sali
by Commodore Vanderbilt At the interview when he de-
tailed TO Mr. Davenport the salient points OF the
when he wished HIM 20 bring into court Mr. Lord SAID
he wanted to know just what the remarkable language
was which intended 10 show tue brilliant intellect
of the Commodore.
A PECULIAR RAILROAD TRANSACTION
Mr. Davenport, who appeared TO be man Of remarka-
BILE memory said he willing to give II. aud began
When Mr. Park attempted the building of this road 1t
WAS intended that should connect tho Burlington with
the Harlem River Road. He first procured interest
for hls sonin-law. Horace f. Clark, who, the Com
modore sad had some interest In the locality OF Ben
nington Park, aud Horace wanted him 10 furnish
the means for building that road He said that
he didn't know anything about the matter that he had
never been in that section of the country. but upon
thinking II over he concluded that 1t might be good
thing for the Harlem Road to furnish northern con
uection The Tdens, Moses and Samuels who lived at
Ncw-Iebunon. were Interested IN n. The result was
and bonds. | think he said that he too S20oOOo
wsuteG s s%h s6me Se'" money of MIN to help baid
n road, aud made n proposition 10 mortgage
him the Bennington aud Rutland, of which Mr.
Park owned the principal part He concluded To- loan
$500 900 and tike q mortgage ON that road. Horace
saw to tho execution of the papers and no supposed
that they all right lie said that that after he had
taken this mortgage | think that ths was he
fore the road was cOmpleted-tney got up
scheme for consolidating this road with
the Bennington and Rutland and forming n line
from Rutland through 10 the northern term.
nus OF the Harlem River Road. He said he was talked
to about that consolidation and that he rather 1ayored
the idea. There proposition made To blin that II
lac would give up his S5OO000 MORTGAGE on me Ben
ingon and Rutland and go into this constellation nc
could have ~ 900 OF the bonds OF the consouateu
rnnJ and 81 OOOO stock He said that lt tue tiDo
n" made tins loan and took the mortgage, PARK gave
HIM the option call IN al any time onehaL the stoek
NJ The darlington and Rutland Railroad, ana that ne
might pay for the stock, Onenalf IN cash or ny
givtnp nm the 100000 mortgage. That was tue nrst