New-York tribune., 1878-10-03

complained Of must be sought in some other way. Al
though the witness might have been guilty of perjury in
some particulars the expectation that counsel
would endeayOr to cOrrObOrate her testimony on the
material points by other witnesses.
Mr.. ChOate said that it impossible that such
story that told by this witness could be corrOborated
in any particular. Nobody creduous as TO be-
eve her story II invention that had been put
into her mouth by some one else. The case had been
going for than year without any testimony Of
! this character and now IL suddenly sprung upon
them Mr. Choate cOntonded further that 1t was such
| perjury within the meaning OF the st tute.
Judge Black in reply said that the other eide had
right to convert the into trial OF this woman for
perjury The Court could not in this matter unless
the materiay OF the testimony that false ap-
parent its face. The Surrogate said that he agreed
with Mr. Black npon this point The counsel then took
up the statement made by Mr. CnOate that the story
told by the witness invented by some one intimately
| connected with the contestants side Of the case
IF that statement is false" said Mr. Black with great
emphasis, has right make If it is
true, he has right TO make 1t without at the same
time naming the person who ID thus guilty OF obstrnct
ing the OF Justice have right 90 demand the
name. that when find out that am associated with
puch person, may withdraw from the unhOly fellow
ship. II have got my hand the crank of perjury
mill want to take IL Of Do they dare TO that II
my clients II they do, let them openly Then we
may be able to it, and to tell whether she able 10
has fched from her her rights think her life will bear
close scrutiny his in this world the other.
don't say she will be saint in heaven while he is howl
ing, because that is beyond my jurisdiction"
Mr. Choate QaUghing)-Yes, little beyond the is
sues in this
Mr. Black-But we are willing to meet 1t II they dare
to make such accusation against her AT the same
time protest against all indscrmlnae blackguardlsm
in this 1t is easy thing to blackguaTd man,
and generally safe thing to backua woman; but
the Court ought not 10 permit IL. remember what
Judge who had been Congressman said once In such
case. ''when 1 went ilto Congress- he said. set
about collecting pieces Of backgnardism and It was
surprsIng what an amount i got together; lts the
amount OF this material Mr. ChOae has collected in the
course OF twentyfour honrs. Why, when Mr. Wander
bt heard his counsel making such accusations against
his sister, he ought TO have caught him by the c0atts
and pulled him down lIaughterI ! hope Nh Wander
bilt viii do il il Mr. ChOate attempts IL again.
Mr. ChOate said that whatever lie did he hoped his
tongue would become black enough TO make per
sOna attacks upon counsel associated with him or op
posed TO HIM in any case. " Now tins witness con
esses that Sne lied he continued "Ihe learned e0u-
fl are her only champions. The only question is
whether she has committed perjury within the mean,
Ing of the statute. Snail we sop ths perjury y-mill
which been full blast, and which the counsel nave
come asnoar as possible to justfyingP
The SurrOgateFOr me TO commit the prisoner would
not be irregular but do not think 1t would be JUN
c0us. IdOut think ought to pass upon tho eIedDhy
OF this Witness have % pass final decision uuon
the case THIS If true, is mosi Important testimony
might almost IL is the Only testimony OF undue IN
huence that has yet been offered, aud do not wish my
final judgment upon 10 be influenced by any present
Mr. Clinton asked this witness take the stand again.
She said she didn'L wish 10 do SO ~, |
The surrOgLte-The witness Is in court, and she will
take the stand
The order was obeyed, but the only testimony called
out that she had visited BeDning In State Prison
NJ Ciinn"H TON II m"ye TO- strite ont the testimony OF
Isaac A BiVgs the ground that he Is convicted
teOn who sent to the state Prison and offer the
ofcsl certificate TO that effect The crime was
tempting to backmail William b. Ast r. charging him
with cOunerieItDg and demanding $50 600 for the pur-
Tue Surrogate decided that this not the proper
place 20 introduce this motion.
aud dealt IN horses at No II Crtland ST. IN tie month
Of May ne saw Commodore Vanderbilt in Fonrth.st. 4
man named McLau ghlin aud William II. Vanderbilt
present TIE witness had pair OF horses which
he wanted TO cell to the Commodore just then William
came IN. Tue Commodore said: will consult nv son
Wliam-Iny only son, William" They began talking
and the witness went out. There was no crOss-e1d-
TROUBLE WITH A DEAF WITNESS.
Mrs Jane Ryan, OF No 1877 Forsyth-st.. testified that
she had lived In Commodore Yanderbrs house as a
laundress The witness very deaf and when OBJ
ections were made she could hear Mr.. Clinton and
ratified along amid the protests OF proponents counsel
aud the comments Of the Court Finally both Mr.. Lord
and Mr. Clinton stood up beside her and talked very
loud Because Of objections Mr.. Lord obliged TO
make an Offer IL TO show that the Commodore
said once TO the witness, " All families have trouble"
" What trouble do you have T. shc asked william Is
always talKng aganst his brothers aud sisters he an
swered, and IT troubles me- but shall divide my
property equally among them"
The witness That's IL exactly.
IN.
ness IS She hears plainly now what Mr. Lord says In
low
exclude AL Of This evidence except as TO what was said
by the Commodore as 10 his testamenary Intention
There the difficulty In making the witness
understand just exactly what WAS wanted. Again and
again she began 20 give the conversation at the same
point and checked by objections, amid the laughter
OF the spectators Finally tne Court to get from
her. by direct question, that the COmmOdOre said,
intend vo the share to each OF my children"
Mrs e. Fletcher Bishop. who testified In the case
last Spring was recalled She asked II she had
conversations with Commodore Vanderbilt the sub
lect of splritualisrn and objection was made. Mr..
Lord offered TO prove that several times after 1868 the
Commodore hat declared his belief In Spirituasm;
that in 1878 the Commodore advised the witness
to employ spIiiAllslc mediums; mat he stated that
he hau received benefit from this source, and that II
was consolation to him to have communication with
the spirit world; that In 1874 lie said ho had a
revelation from bis dead son George. who advised him
to make William his principal egatee. on occasion
the Commodore said that hs wife was revealed to him
through physician; that she advised him TO give the
most OF the property 70 William that Cornelius j.
insane. and should be put in asylum.
Judge COmstOck-Ihat was a revelation.
Mr. Lord-I Thought the learned counsel would come
long discusslon took place az to the admission of
testimony TO show that the Commodore was believer
IN SpirituasD, and that he influenced In the max
ing OF his will by this belirf. Tho counsel evidently
eeded that the only material evidence thus far in the
case showing that the Commodore made his viii IN
accordance with SpiruBlstic belief or through spirit
naistic delusions was the testimony OF me IA, woman
Surrogate said "The question rs: Does the testimony
of Mrs StOddard, true, tend 10 show that the Com.
mOoe made his will under the Influence OF supposed
communication received from mis- wife aud son In the
spirit land and IL so. whether you may prove the
pressions Of decedent bearing upon this natter
A SHARP REBUKE TO MIR. CLINTON
AT this point the Surrogate and Mr.. Clinton disagreed
and some pointed language followed Mr. Clinton said
that former decision OF the Court had virtually settled
this question and he ddn't TO old ground
The surrogate rather i'm patiently said that he objected
10 the reference Of the proponents counsel TO
ms former decisions assuming that different cases were
exaety the same At the time, the Surrogate
pointed the difference between his former decision
and the present case.
Mr. Clinton-The suggestion Of the Court does in
iustice TO