The sun. [volume] (New York [N.Y.]) 1833-1916, 1878-10-03
VANDERBILT'S WILLMAKING.
A DAY or YIRTED EVENTS IN THE
GREAT CONTEST ron ms MONEY.
Mrs. stoddnrd's Contradictions Commo-
dore Calling william his Only son-Th
Influence OF Spirits-Twenty Years Ago.

Influence OF spirits-Twenty Year. AGO.
In the Vanderbilt will trial, Mr. Choate
renewed yesterday his effort to convince the
Surrogate that Mrs. Stoddard should be- held
for trial on charge Of perjury Tho surrogate.
however said: The relief sought cHn he OH
tanned in another way. think it would bc un-
wise, and do not propose To- assume the de-
termination OF ono Of the principal questions
in this cnse by adiudging that this witness has
been guilty OF perjury. am bound to assume
from the statement Of counsel that they propose
TO corrobornte hor by other testimony. and then.
even II she were ever bad character and
had testified uniruly in respect to many features
OF this case. II corroboratcd by other witnesses.
her testimony must be received
Mr.. Choatc iniimatcd that her testimony had
been made for the occasion by some one who
had put her forward to swear to it.
Judge Black demanded to know who was
charged with causing perjury He spoke OF
this charge as an attack on Mrs la Bau, Of
which her brother William II. vanderbilt. ought
TO be ashamed.
Aftor discussion lasting about an hour. in
which the witness was roundly abused by ono
side. and defended by the other. the Surrogate
decided the question again. saying: " do not
think that ought now to pass upon the crcd-
bility Of this witness. because her testimony IL
the most important and vital that has been given
on the part Of the contestant almost tho only
evidence which tends TO show undue influence.
Therefore do not think 1t proper that should
express an opinion rs to this witness. which
must go almost OF necessity to the vital point in
the case"
Mr.. Clinton then expressed desire to have
Mrs. Stoddnrd recalled.
Mrs. Stoddard answered from her seat Il
won't 90 on the stand again"
The Surrogate (poromptorilyl-W Witness, take
the stand.
Mrs. Stoddard walked TO the stand crestfallen.
Mr.. Clinton asked with reference to her visit
10 the Trenton State Prison while Benung was
incarcerated there. Her answer was. 81 was
there at that prison while he was there-yes. sir
] saw Benning there with his State prison
uniform on" This answer wis received with
much satisfaction 10y Mr.. Clinton rs in her pre-
vious testimony she had snid she did not know
Of her own knowledge that Benning had been
in prison.
George Z. Tucker. called by Mr. Lord. testi.
Ned TO nearing the Commodore say in nm inter-
view between himself and sam Mclaughlin on
horse trade; Will consult my son william
my only son William-and give Mclaughlin an
Mary Jane Ryan was called by Mr. Lord. who
SAD she was very deaf. She snid she lives AT
157 Forsyth street. and was formerly laundress
at the Commodorc's. She knew of an incident
that occurred twenty years ago.
Mr.. Clinton objected.
Mr.. Lord repeated in low tone what he, ex-
a4a acr sS T2S Mrs
?, Mr.. ,Clinton-That shows how deaf she is.
:. The Surrogate decided to hear all that Mr..
Vanderbilt said twenty years ago with refer
ence to his documentary purpose.
Mrs. Ryan was told that she might tell what
the Commodore said about his property She
started on at a rapid rate: He says, Jane.
haye you any friends in this country"
Mr.. Clinton and the Surrogate at once State
what he said about his property"
Mrs Kyan-He said he had trouble in his
All the lawyers shouted this time another eau
ton 10 Mrs. Ryan. Then she began again: =" lie
said he had trouble in his family. Laugh
teri
She was promptly stopped and then took
By this time the Surrogate becane angry. and
took Mrs. Ryan in hand himself with tho ques-
con, state what se said he was going to do
=, Mrs. Rysn-He said he was going to loave
thenl all an equal share. SUPPOSE that is what
Then the lawyers squabhed over the answer
requested to say to whom he referred when he
SAID them. She answered: He said all his
Sen saa sR aiG E% not said Within q
nude all the trouble in the family"
Eleanor nor, Fletcher Bishop was recalled i by Mr..
any conversations with the Commodore ON the
subject OF spiritunlismY p
fore Mr.. Clinton could object.
Mr.. Lord said he proposed to prove that Sow
eral times after 1865 the witness hear the Com
modore declare his belief in spiritualism also
that in the year 1873 tho Commodore advised
uhSDhllus WHO WIS lntn hlllnR. 10 employ
spri,uastc doctors that the Commodore EN-
ployed. and said that he had received both men
tai and physical benefit; that he had lost his
vile ana II WAS great consolation to know
what was going on with her in the other world.
Also in 1872 and 1873 the Commodore said he
mad had n revelation from his son George. who
advised him 10 make William his heir; that the
girls did not know how 10 take care of money:
that he had employed different medical clair
voyants. and had received comfort from revela-
tions they made that on one occasion the Com
mONOre sad 10 her that his wife rpynne1
To him through one OF his physicians, and nd
visod him 70 give tho principal part OF his prop;
erty TO william. as he was the oldest and had
experience, aud would keep tho property. to-
eether that the other. children did not love him
30 much that Cornelius ought To be put into an
asylum on account Of his sickness and inability
to tako care OF the property.
me discussion OF tins oncr OF Mr. Lord.
which proposes to open the broad subject OF
spritualism was long aud bitter.
Mrs. Stoddard was admitted without any dis
cnssion OF the bearing OF the question OF
fprltuaism upon the case. and that was UNI
Just 10 him because he wanted to discuss the
question before Mrs, Stoddard testified.
me SnrrogateLl DO not ike no suggestion
the Court; II Is not professional in the first
place. and itis not true In the second place. l
did hear YOU and Mr.. Choate. | desire TO in
form you. MIR. Clinton, that you are here in the
position OF counsel defending client; you
are not here 10 lecture the Court or assume that
you have any other influence over the Court
thnn that OF counsel In the case.
Mr. Clinton texcitcdlyl-I never attempted
any such influence over any Court since was
student at law. | never would attempt any
such influence and | shall hear no sugges-
tions from any living man, on the bench or of
the bench. that | am capable OF H. without my
disclaimng the possibility Of that. and | do
clam the right however. TO define and TO con-
struc the decisions which have boon made. aud
10 alludc 10 them for the purpose Of narrowing
the discussion. have the same right here
that any other counsel practlses in this court on
points OF law.
Mr. Clinton then quoted case in which a
man had provided in his will that his bowels
should be converted partly into fiddle strings.
partly into smelling salts. and partly into
lenses. and his will was held good. DIR. John
son also believed in ghosts, and il Is claimed
that one-siXth OF the population Of the United
States are spiritualists. Are they all incompe-
tent TO make will The fact OF n person being
splritualist did not necessarily render him
incompetent 10 make Il will.
The Surrogate called attention to tho point.
which was whether the Commodore believed he
was Influenced by the spirits in the making OF
Mr.. Clinton-The question Of belief in spirit
uallSm must come in with the question whether
he acted under that belief
Judge Black Suppose DIR. Johnson had made
awlll which he said ho was directed TO make by
the Cock Lane phpstS