New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1878-06-15
TESTIMONY AND ARGUMENT.


that has attended the previous sessions filed the chairs
stood closely packed together the back part OF the
room. Only two women present, one Of them
being Mrs La Bau, the contestant The counsel INDUCED
in much sharp language, aud the Surrogate, in re-
buking the garrulty OF witness, used words for
which he felt compelled make apology to Mr. Lord
af.erwar1. All Things considered II Of the most
interesting session thus far.
The Surrogate first gave his decision the question
argued on Wednesday, Of continuing the for the
contestants until Fall, to the testimony OF the
three witnesses to the alleged conspiracy. lie said
The determination OF the motion ia difficult not Only
because of the extreme mprObabty OF the story told
by Messrs. Mason and Clark in their socaed afidayis
but by Of the extraordinary and incredible
story related IN their letter to Mr. Lord wen II seems
TO me cannot be recOncilcd with their aidays consist
emily with the integrity Of the Witnesses Ii Ia possible
To suppose two persons Of ordinary intelligence, one
detective, Obtuse TO conclude such an enterprise
Cornelius j., William H. and Commodore Vanderbilt,
at tue instance OF friend Of William IL,
a conspiracy in behalf Of Cornelius j. But
when ia their ahidavits they stete positively
so-cncd conspirator was Chauncey NJ. DcDew. aud in
their joint letter they allcge that on further inquiry
other person looking like HIM. 1t becomes perfectly up
parent that there can be no such reconciliation OF the
statements 10 them from the necessary in-
puatUn of alseOOd IN one or other OF The two state
ments II seems to me that every suggestion made ia
the affidavit Of the contestant counsel that those VII
nroronrnt and The change of their statemrnt and their
Extraordinary absence are due to this fact, milf
tatcs just so much against the crediLihty
not allow themselves 10 be tempered with,
and IL they have become, they aegr convinced that
they were unwitngly participants ~ great fraud
this imposition Of persons Ia the interest Of tile
contcstant-as honest men their first impulse would
have been to disclose the facts TO those parties who
might use them for the ylndcatOl OF the hight.
II proper to state here that no facts are presented
raise reasonable suspicion that they have been tam
pered with Dy IN the interest OF the propo
nents, and their Departure Is probably aseriOI,
case. ana therefore II 10 be unnecessary TO
consider the answering affidavit Of William H. Wander
bit and Z. NJ DePew have intended To open the door
very wide for any reasonably legitimate evidence. ln-
deed the good fame OF judicial proceedings the equal
rights Of The parties ana tue sona character OF those
accused Of most atrocous conspiracy cannot wen AZ
estate, was turned out OF court either up
Senee instead Of aiordins liberal opportunity 10 in
troduee all the material testimony and decide the con-
troyersy upon rs real merits, according 10 law.
OF the opinion that Mr.. RedDurn should be pro.
the contestants should be continued and closed aud II
IN the meantime dihgent effort shall fail 20 produce
the abscOnding Witnesses better case may then he
made for "A further continuance.
TESTIMONY OF JAMES IRVING.
Mr. Lord called James Irving the first witness. lie
said that he lived at No. 302 East Twenty hrsst that
he had been a butcher, and superintendent OF
stables. He was Assemblyman from 1857 to 1871, in
elusive and an Alderman during 1859 and 1870. lie
had known Commodore Vanderbilt ne early as 1889 In
1862 at Albany, he had a conversation with him about
Mr. La Bau The Commodore said OF him " He's
one OF the best men in the land; he's al
ways done everything In his power for me.
and n he gets into any trouble 1 viii
do all in my power for him" The witness
b9d another talk with the Commodore about
family matters in New.York during the same year
lie wanted 70 know, raid Mr. Irving, when | had
Cornell last. said that It some time before. lie
said there hard stories abont Cornell mat VIII
liam and his wife Frank those were his words had him
watched and william had reported 10 him that Cornell
was visiting houses Of prostitution and other low places
but he didn't feel nearly 50 bad about that as be dd
because Cornell and his daughters wanted him dead
II had annoyed him very much He had IN;
tended 10 divide his property up into two equal
shares and give half William and Cornell and the
other nall to the danshefs put nov ne na is
mind. tAt tins testimony william u. looked sghihcahy
at his counsel and laughedl The Commodore the wit
ness continued complained about his head and sad he
neryOusi he didn't khO" what lie was DONG nan
Mr. Lord-Did he ever say anything to you as to the
The Wines Yes in Albany in 1869, he said was
worth 81 900 900 when left the steamship business,
and now I'm worth a hundred"
The wItncs. had during his examination thus far
hibitcd an apparently uncomfortable desire TO tax
voluby about things that were not pertinent TO the
questions asked him. lie began thus 10 answer THIS
question Yes | remember. II was IN June or July.
want 10 let me ill., though he sand he wouldn't any
body else lie said. SIT down, jim I'm getting better.
I'ye very sck-dOctOrg gave me up; insisted on
their giving double dose Of caOmei ana Jaap; told
en II going to die, might as well die at once,
Mr. Cinton-I object this eternal gable Of the wit
T6e surrogate-I have repeatedly tried to check the
wtuesss gabble and tell him II he doesn't stop
] shall commit him. Answer the questions put 10 YOU
IL Is very evident that this witness came here with de
Mr. Lord lindgnantlyl-I must utterly repudiate that
opinion. Your Honor must bo more nfalibe than other
Judges he is able 10 say that is not true OF tbs Wit
The surrogate-Theu he has a very unfortunate way
MI. LoriHlt rs so far from being true that had TO
threaten this winners with an attachment before l
coud Get him come and wish that fact 10 go down
nnou tie records OF the Court 10 Is this witness's
fauIft hat he il
Counsel and witnesses have some rights as wen as the
The Surrogate lin n quiet manner -Certainly. and
intend 10 give them their fullest allowance Proceed
Wien me Surrogate came into the court room after
cess be sId i'm regard 10 this circumstance: In justice
TO myself and TO this witness, MT Lord ought per
H ~ePe no not S r0 pPsr pleasure Wei
10 apologize Tor the Occ .rIeuce."
Mr.. LOrd-Ihat IL sat .ctOry, OF course
IRvING's POLITICAL "REMINISCENCES.
The cross-examination of this witness by Mr. Clinton
afforded great amusement the audience much Of the
testimony being IN regard political affairs In which
both witness and lawyer had been interested.
1871 did YOU assault with your sts another
the floor OF the housei A-oudlyI-No, sir was az
Odd you resign to avoid being turned Quit A
O2Was an investigation instituted with view 10
your expulsion Alt was never investigated;
Q-But you resigned because OF that lnyesugationt
A. II resigned because struck the floor OF tho
House by Smith NJ Weed, and resented 1t outside the
chan2er resigned 70 please sGe snd 1870, You at
teInpted TO hold over another year ana failed . Al
am not so certain about that
o-Your memory Is good Al nm very clear on
facts and on what you are trying to DO Laughter,
O-YOu were defeated for the Assembly IN ls7lf a.
hed Office for five successive years, and that's some
credit-thaps some credit lLaughter,l -,
O-Was the credit accompanied by cash Al never
spent a cent on elections
Were Won ever indictedi Ayes. twice; once for
bestinr United states Marshal and the other time IN
reference To MOrssey accessory after the iac 70
The Bill Poole affair; but had nothing TO DO Win tue
kov and wasn't tried. The United states Marshal IN
dctment came out OF election matters thnk you ad.
dressing Mr. CintOn was member OF the cup that
nut up that Job You see Judge, he's been Interested III
a good many OF these things o,,. ~,
have been engaged" responded Mr.. clinton, III