New-York tribune., 1878-11-13
MRS. Ia BAU'S CASE CLOSED.

THE PROPONENTS COUNSEL SURPRISED.
POSSIBILITY OF NEW TRIAL OF THE VANDERBILT
WILL CASE sUGGEsTED-THE suRRoGATEs RE-
FUsAL To ADMIT DIR. sRINNEFs TESTIMONY.
A sensation was created in the Vanderbilt
will Yesterday by sudden closing OF % case I0r
the contestant Neither Scott Lord nor Judge Black
has at any time been satiscd with the order Of the
Court which compelled the counsel for the contestant 60
hand to tue Surrogate the OF the witnesses whom
they intended to call, before being allowed to proceed
with the case. The proponents counsel had claimed
that the contestant should lie obliged to close nor case
s soon AS the eight days which had been appointed for
her testimony this Fall had expired. but Judge BLACK,
after long argument apparently persuaded the Surro-
gate that trial would be grantedby the appellate
court the Probate Court refused 70 hear competent
testimony when offered simply becadse certain num-
ber OF days had expired IN giving other tcstl-
mony But the Surrogate yielded to the demands
OF Mr. Clinton aud Judge COmstcck far enough
to rcqurs M Lord leave with the Court the names
Of Mrs Ia Bau's Witnessed The were submitted
under protest from Mr. Lord and Judge Black.
Last week the testimony OF DE- Dixon was objected
to- because hs name not on the list; hut Mr. Lord
claimed that II was Understood that Que more medical
expert was to be called and the Surrogate said that he
woud admit the testimony to avoid any Imputaton OF
uGfir treatment OF the contestant.
Yesterday Mr.. Lord called TO the stand an
other witness whose not upon the list
DR. Salmon skinner, dentist who obtained notoriey
several months ago by action against Henry Ward
Bcecher 10 the value OF set OF false ioeth FUR
nsned TO Mr.. Beccher's father. Mr. Cluon. as soon
as he learned that the wiiness's name WAS not on
the lt objected 20 the siinony Nr. Lord said that
they offered 10 prove by this witness that at one time In
1873 he found the mind Of Commodore Vanderbilt in
stAte ~ nibecy examined him TO ind II he had been
linking and found that tha mbecllity arose from
natural decaicnce OF faculties THIS evidence, Mr.
In tlp Rfgda OF
tho counsel the list OF witnesses was handed TO the
Court
Mr. Clinon s,ill claimed that the contestant must be
bound by the list
Judge Black went back 10 his old position, that the
Court could not rei1se competent evidence offered az
any time before the contestant had closed her
e counsel foF the proponent suggested thai the qnes
ti had already been decided by the surrogatcs pre-
vus rulings and 1t useless further TO discuss tho
Ihe surrogate said al hold that the paper contain
ing the list OF witnesses handed up 10 the Court undr
thp arr nugement cNcuCes the contestant from giving
any other iestimnBy unless 1t shall appear 10 b" such
urly red evidence as wcu War rant TIE Cunt
IN opening the trial after they have rested uut IN order
to the question whether 10 rs newly discovered
evidence, IA Is incumbent upon them tO show o. andaYlt
1 Al Il n material, cumulative, and that II Is newly
discovered, and tI- UtdayiS must be furnished tie
other SIDE, that thcv may nave an opportunity To- AL.
swrr ths NJ Idtcdc tnat this testimony Is cnmulaY ="
Mr. Ira yer, quietly and complaceuty SAID: Under
these crcumstanccs the contestant close, her case"
W. u. that 2" cried Judkc ComsiOck To Mr.. Clinton.
lie s,ys that under lhcs, circumstances thy close
their case" answered Alt. tlulou' lhNAtI
looked very tapp,. nor did William H. Vanderbilt Their
Ic.Js went together m close consultation for few
Tncnts while Mrs Ia Bau Jumped up gleefuily and
crashing Judge Blacks hand, whispered something
aucni CIV INTO his ear aud then ho Joined her LAUGHTER
Mr. Clinton sand: We mUVsan adjournment until To-
morrow morning. In the interval counsel Will consult.
We did Npcct the contestant To rest to-day aud
are not ready TO 20 on
pent will De given this morning, and. according To
estimate formerly given BY MI. Clinton VIII occupy
about twelve days
As soon the decision was siyen william H. Wander
blt went hurrrdly out OF court IN company with mis-
friend samuel r. Bargcr, the lawyer The latter
| understood to say 10 him empGaucally, T6at IL ali
wrong Mr. Vanderbilt; I'm afraid that VIII give them
several lawyers who had heard the proceedings ex
the opinion that the refusal OF the Surrogate 10
admit testimony OF the witness would give the con
rsaut's counsel the opportunity 10 bring the case back
ro the appellate for trial III the Surrogate
should decide against them IN the present proceeding.
Mr.. LORDS REASONS.
After the adjournment Mr. Lord was asked whether
he yas willing to state the reason for their sudden
ton.
"We are constantly discovering" he answered, :" new
and important evidence from reliable persons Many
have withheld their stateneuts because they thought It
impoesble 10 SET aside the WILL aud thus satisfied their
senae OF duty Several such witnesses nave made tueir
statements since we were competed 10 manu- up
lie list OF Witnesses and, strictly speaking their
testimony Is cumulative, that Is, IL bears upon
some points already touched upon, and would
therefore, be excluded under the rulings OF the
Surrogate Whatever motion the cOutt slant might make
M tbe witnesses ON the list twenty-five although doubt
Irss In the clty cannot De lounu; SIX OF them re out Of
the STATE and several more have left the country two
very Important witnesses are sick When we produced
reliable witness 70 important iacts and Ills testimony
wah phut while the stand ana the counsel nud
parties all present. We thought II wise To rest our
case"