New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1878-03-27
THE VANDERBILT WILL CONTEST.
A DULL DAY In THE CASE.

TANT TESTIMONY ELICITED-LAvISH OFFERS OF
EVIDENCE BY SCOTT LORD REFUSED By THE
COURT.
All the counsel were present yesterday IN
the Vanderbilt will suit but the session was unusually
dull The customary crowd filed the chairs and formed
afrayed fringe about the sides of the The tedum
of the proceedings put flight all except few veterans
before the close OF the day Among the three new Wit
nesses called was Mrs Charlotte f. Croker, brunette,
with regular features She dressed In deep mourn
ing. and remained closely yelled during the few min
ues she occupied the witness stand. she replied TO
questions In thln small voice which sounded as it
came by telephone. Mr. Clinton suggested that II the
witness would raise veil the sound would travel bet
ter Nevertheless. the veil was not lifted Many offers
of testimony made by Mr. Lord, but the Surrogate
disposed them by the summary method OF exclusion
The MONDAY recess was prolonged full hour by the
hardness of the contestants counsel and the case was
adjourned early because the supply of witnesses ran out
prematurely
Dr. Ellsworth Eliot recalled and questioned at some
length by Mr. Lord about his testimony on Friday He
said remember no particular child or daughter VINO
C; me into tho when Mrs Crawford left 1t or Tor
whom the Commodore called.
There was long discussion the admission OF a
very extensive question: which finally allowed TO
be put IN the following form: You say you know OF
your know ledge reason for the direction OF inc
Commodore Ia respect to Cornelius j. vanderbilt; that
he never gave any reason for 1T to YOU VIII ASH IL
under these circumstances you regard man III INC per
feet possession Of his faculties who should direct that
his should not him living or dead ana aiter cai
ing witness that declaration request that witness TO
bring In such son that he might tell ii TO him to his
own face? Ayes, until proved to the contrary.
Q.-Tnat would not be proof to your mindf A-No !;
it would require than that to base an opinion upon
lie Grand Lockwood, of No. 234 West FOrty-iourh-s
testified l am banker and stock broker at No New
ST. have been engaged In this business for fifteen
I al mot know Commodore Vanderbilt;
had transactions with hmhat Is, our firm. consisting
OF my father, myself. james III. Benedict and others
transacted the business with Commodore Mr. Bene
dict had something to do with 1t.
Q-You may state the transactions.
Mr. Gluten objected that this irrelevant and
waste OF time. The question was excluded.
Mr. Lord-What wish to get by this witness is def
mite decision from Court the class OF evidence
offered about the Coinnodore's business transactions.
Mr. Clmton-I thought it had been ruled that these
offers should not he admitted.
Tie surrogate-I merely said trusted such offers
would not be repeated can't say that counsel shall
not come here and offer comic almanacs In evidence
protested before AGAINST The ruling OF ihe Court ana
insisted the production of witnesses FOR your olec
ton offers and 10y tins yOu placed me III inc position
OF receiving each witness whom counsel may Drhg.
thought | TALKED pretty PLAIN English. If did not tax
"The witness-I transacted the business with the Com
agent Joseph cpl ar6e ne e epo s had beeR
certlfed-ss didn't know the CoinhodoIe SisA"'uIe
i
On this being objected to, Mr. Lord said he proposed
two parties. which was Violated by the Commodore,
greatly to his advantage. Excluded
| TESTIMONY ABOUT JUDGE RAPALLo.
Mrs. Charlotte f. Crocker then called. She testi
fed: live in Richhed Park, n. j. Before May, 1879,
lived in Sixty-frsst. then moved to Fithave, aud
| in April, 1876. TO Madison-ave.
| These words were almost inaudble and Mr.. Chester
suggested that she her veil. The Surrogate said
She will speak louder If you don't Tighten her. she
| Tie witness.-I know william H. Vanderbilt only bv
sight; know Judge Rapalio; be bean hylng WIN me
the house. Judge Rapallo boarded with me until be
went 10 Europe about the middle OF July he returned
then vert into the country his return he STAYED "a
week and left Albany; he did not 1--we with Va
April the Judge down from Albany on Friday, and
left sunday night he spent his vacations with Us.
Q.-Wheu yOu moved 10 MadisOnaye., what persons
| called on the Judge
Objected TO Dy Mr. Clinton.
Mr.. Lord said nc proposed TO show by this witness
that from a time anterior to the date both OF viii and
SS S9a51 n T Wa neTfr Vnd 0 lie s"
posed 10 show by other witnesses that, iron TINS time
under this will visited the who drew the will w hen
ever the latter came to this city. en-,
The SuTrOgatei think the acts and admissions OF VIII
liam II. Vanderbilt have already been ruled out. The
MI Lord summoned the usual dozen witnesses, whose
names he has slip OF paper but mid echo was the
only to the familiar sounds He then said he had
10 offer IN evidence the deed OF Cornelius Vanderbilt 10
| william III. Vanderbilt. December ., 1868. convey
ng the latter all the real estate on staten Island pos
sessed by the Commodore The OBJECT ne std was |"
show mat large amount OF millions
ton Of this Will The first step In that oner was TO show
real estate Staten Island worth several millions
| was given hin for the consideration OF II.
| Mr.. Clinton objected Oh the ground OF irreleyancy
| lie saiG-The Commodore gave 10 william IL. Wander
| bilt u all his children. Landed property.
| Ex-Judge Black Qnterrupting)-I wish to save Mr.
Clinton IRON wasting dime The object Of Offering this
this was. We hold that these children all had an equal
right to all helr fathers estate We also hold That The
had al,pul All Tn
one This will tue face OF IL d0esn show its gross
injustice, Coupled with this evidence The Injustice Is
shown plainly. Here propose to show that the son
who received S90O00.0OO0 out OF $lOO,O0OOOO had OBJ
tanned S50,OO0000 before This aggrayates tho injus
Mr. Clnlon-The distinguished counsel has admitted
& mat which does moi divide pronerty according To-
the rules of intestacy Is high time that the other
counsel should 20 into direct proof. this is utterly
| Tue question was excluded.
After the Mr.. Lord repeated his offer In more
general language aud 1t was again excluded He Then
read the titles OF dozen or more deeds TO Cornelius
Vanderbilt of property on Staten Island which no wished
| rccO ded on the minutes.
James Grant testified reside III Brooklyn, and am
| plumber; formerly lived In tins city; about lS54
worked at my trade then knew Mr. Torrcnce sOn-in
law OF the Commodore, Us worked for some time at
Mr. Lord said he proposed TO prove that Mr. Terrence
Commodore objected, behaved Violently, abused Mr..
Terrence and hnay smashed the work This was ruled
out as altogether too remote
After long whispered consultation with Ex-Judge
Black, Mr. Lord said: had not the slightest doubt
until this morning that important witnesses would be
here propose have Mrs. La Bau called To the stand
at stage OF the trial. aud could send Tor her
today, but prefer wait until tO-mOrrOw BY OmOr
shall know about the case than we do now
mot more, perhaps, than some do Sickness and
heavy fall OF snow between and Buffalo have de-
layed our witnesses from the West.
ExJudgc COmsOcki give notice that unless there Is
an honest made go with the case
shall call the closing OF tho evidence Tor the
testants.
The Surrogate-Remembef that very good excuse
Will be needed for further delay.
The case then adjourned until this morning.
FOR CRITICISING MUSICAL COMPOSITION
Adolph NeuendOrif wrote musical compO-