New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1878-03-23
THE GREAT WILL CONTEST.

THE COMMODORE's LAST DAYS.
In the Vanderbilt will case, yesterday, two new
witnesses examined, Mrs. Sophia r. White
and Dr. Ellsworth Eliot. The testimony of the
former was immaterial; that OF the latter dealt
mainly with the scenes in the sick-room Of
the Commodore. the diseases from which he suffered
and their effect on his mind. Scott Lord asserts in
an affidavit that letters to witnesses for the contest
ant have been tempered with, and that efforts have
been made to interfere with his getting evidence
LEGAL SPARRING AND MEDICAL SCIENCE.
TESTIMONY OF AN OLD FAMILY SERVANT AND OF
DR. ELLSWORTH EUOT-THE COUNSEL WAX
WARM IN ARGUMENT AND OBJECTION.
The proceedings yesterday in the Wander
bilt will case were envened by sharp skirmish De-
tween counsel and by interesting testimony from one
of the MUSICIANS who attended the Commodore IN Ills
last Illness Mrs. Sophia r. White. an old family
servant was examined. but size gave SHARP, terse
answers and not at all communicative. MT. iofu
marked ground enough to keep the case III court Tor
wears, and capped the climax by declaring that IL
might be necessary investigate the Legislatures which
voted on several Of the COmmodores railroad projects
Mr. Clinton protested against the defamation OF the dead
and much sharp talk followed Dr. Ellsworth Eliot es
titled for three hours about the ncidentsof the last
sickness lie declared that the Commodore was OF SOUND
mind and that he seldom any one attempt to infi
ence him. and knew any one TO succeed In TIE at
skill in re2artee and laughter frequent in the court
room. There unusually large crowd IN Tue roOh
and the air unusually bad.
d. b. Allen recalled TO testify whether he used the
term body or woman " in his previous testimony.
Mr. Clinton objected calling back witnesses to cor
rect the stenOgrapher's minutes.
The witness was allowed to answer but he could not
remember the exact language he had used He was then
questioned about other testimony, but the Surrogate
ruled that this was perfectly clear and denied the right
of examining the witness further on the same topic.
Mrs sophia p. White testified: live on Staten
Island on the Vanderbilt homestead have lived there
for eleven years last the Commodore in the Win
ter of 1875 rccollect the time when Mrs vanderbilt
was taken to the asylum; was living in the Commo-
dore's house knew the gOverness, Miss Smith she
lived there a short time when was there do not re-
member going TO Canada with Mrs d. IL. Allen; was
with Commodore Vanderbilt for five years had DO con-
yersation with William II. Vanderbilt about his mothers
going to the asylum never remember seeing the Com
modOre riding out with the governess.
Abram V. COnnor, County Clerk of Richmond County,
Staten Island testified that he had lived in the county
all his life. He identified deed from samuel Cooper to
Cornelius Vanderbilt, signed in 1913
BY this Mr. Lord said he desired to prove that the
grantor had right TO the property From this he pro-
posed to show that the Commodore had n mania for
acquiring propery that gave him great success but
made him harsh and liable to prejudice. and impaired
his mind so as to ruin his testamentary capacity. 81
wish TO show" he continued that the Commodore
was in the habit of taking property winch
had no good title; that he held many floating
deeds, which he settled ON property belonging 10
widows and infants TINS was Wen m amI Som
the keptOnanac who fcbes goods Several land com
PmndoSes influence and in many cases property was
sold of which afterward the purchasers were unable TO
get possession. This continued until 1862. when the
Commodore became absorbed in the Central Railroad
and steamboat business.
POINTED REMARKS BY COUNSEL
Mr. Clinton said he objected to this talk-merely TO de-
fame the dead, with no sort of whatever.
Mr. Lord-It is not defamation because ii is true and
we expect TO prove it, offer to show that the Commo
dore entered upon the tunueng the Fourth Avenue
Road and got certain privileges from the city for the
right of way through this splendid avenue; that he
afterward made up his accounts that the city in fact
paid the whole. also propose TO show that by some
common understanding 1t assumed that the
Central Road should not over per cent interest II
really paying l6 per cent ana IN order 10 swallow
up per and convey IT to the Vanderbilt estate
the following plan was 1dopted; deponS y o
10 all improvements the road paid out OF ITS earn
ngs TINS allowed to he put into the stock as
though all tins expense had not been pad lOr out OF the
The snrrogate-To show this it may be necessary to
subpoena ali the members Of the Legislature VINO voted
'o Mr. Lord-This may become necessary If it should it
would the cIandest opportunity Court ever had 10
rebuke such legislation In addition TO these public acts
with school teacher In the panic her mother became
anxious deposit Of $1,000 she drew it out OF the
bank and it TO the Commodore at per cent he
paid interest for the first for two years he paid
nothing and then he refused to settle except at per
done this had he been afflicted with monomania on
When h. said II have been insane on the subject OF
money-making all my life.''
Mr. ClintOnI rise to enter my protest against this
Court being used medium Cor OBTAINING the memory
of the dead and the good name OF the hvDg Ninety
nine hndredhs OF the things offered here can never Inc
proved They devised to crafty the helsh nalig
nifty OF children because their father did not give them
greater portion OF his property. Here now is a deed
civen not to the Commodore, to his father a
vsed that ali these statements about the ComlnOdoe
mania for landgetng have no foundation Inc counsel
takes the broad ground that every act OF inc Com
mOdoe, from the time hc was eighteen years od bears
out the assertion mental mania-because. fOrsOOh
these acts do not happen TO agree with the habits ana
opinions OF morality possessed Dy his chfnt VINO sis
behind bim-COrnelus j. Nanderblt-who, by evidence,
IL the moving spirit in these procedures The whole
community has felt outraged at these continual offers
This unprecedented III the history OF VIII tras
in this country.
Nj Lord-A few words only are necessary in reply to
this diaibe will tell you what this community thinks
of this trial
nifty thinks about this trial. lLaughterl
Mr.. Lord-Ths property, gained by fraud was trans
ferred TO William H. Vanderbilt One OF the great issues
Of this is that the quickened power OF 9ceunua-
ton grew upon the Commodole nnH he became q
landed kleptOmaniac part o. his life and railroad KEEP
tomanac for the remainder.
in anything but this: that man cannot maze VIII
bccaise his property was obtained by rand. The Com
mOdore may have gained his wealth by depressing the
matter. The testimony offered Is incompetent, as IL
raises novel issues and deals with particular transactions
I exclude H. HcncefOrth trust, such offers Of test
m0ny will not be made.
Miss Elizabeth Fox the sehOOltcacher referred TO,
called TO the stand BY her. Mr. Lord said be desired 10
prove what he had offered TO show. She not exam
iaed, and the offer OF testimony was rejected.
TIE CoMMoDORE's LAST ILLNESS.
DR.. Ellsworth Eliot of No. As West Thirty-siXth-st,
testified: attended Commodore Vanderbilt from May
o. 1876 to his DEATH the habitual residents IN the
house then were Mrs. Vanderbilt Mrs. Crawford, and
The servants practical resident there. too MIe
Vanderbilt went away for one day. aud Mrs. Craw
ford once for single night. to sick granGsOn with
these executions they were there all the time; do not
recolect seeing any OF the Commodorc's daughters
or Cornelius j.. alone with him; Cornelius
fherc once. Nh Torrance was with him.