The New York herald., 1878-11-23
VANDERBILT'S WILL.

A LAWYER AND RAILROAD MANAGER TESTIFY
TO THE cLEARNEss OF THE coMMoDoREs IN
TEIL.EcT-ssMY FIRST AND ONLY PAITKER-
SHIP"
The examinations in the Vanderbilt win case yes
terday related to the cearness and tenor
of the Comnlodore's mind. The first witness called
Amasa Stone, resident of Ohio. He testined
that he knew the Commodore from 1867 to 1876. ana
during part Of the time in close business rela-
tionship with him; he had been connected with the
Lake Shore road under the management of Mr..
Horace +. Clark and Of the Commodore in 1873 the
Commodore. the death of Mr.. Clark. became Presi
dent Of the road from that date until 1875 witness
managing director and received his instructions
from the Commodore; the Commodore ordered that
expenses be cut down; that the road be run in
thrifty way and that the floating debt be funded; ths
debt was funded with the Commodore's own money;
in all his directions and instructions the Commo-
dorc cninenty rational and lucid; having largo
interests in New York Central and Lake Shore wit
ness once asked the Commodore what would be tho
managerial policy after his death; the Commodore
replied that there would be practically no change;
that the property would be kept intact that he had
confidence in his william, that he would do
all he could TO prevent any change. On cross,
him that Mr.. Clarks management Of Lake
Shore had been reckless and ruinous; that to run
road into $5,00O,0U0 of debt without knowing where
the money to pay it was to from to ruin it;
Mr. Clark. Mr.. Augustus Schell and Mr.. Barker were
among the executive committee that had largely in
creased the debt of the road the Commodore once
told witness that Billy and Clark did not get along
well together
EX-GOVERNOR GAapSRRs TESTIMONY.
The next witness called was Ex-Governor Abraham
b. Gardner. OF Vermont Mr. Clinton examined him
concerning the proceedings for foreclosure OF mort
gage held by the Commodore in 1871 on the Benning
ton and Rutland Railroad in which suit the Commo-
Commodore and testified that he always seemed OF
sound and rational mind. During the examination
Mr. Lord objected to the production of certain letters
said to have been written by the Commodore on the
ground that they might not have emanated from tho
mind of the man who subscribed to them. clever
lawyer clerk might have written them and tho
Commodore have merely signed his name. long
argument ensued on this question. during which Mr..
Choae quoted the now famous case OF Brick against
Brick.
Mr.. Lord inquired if the opinion in that case had
not been written by Judge Rapallo. Mr.. Choate said
of the law settled by it. Mr. Clinton said it the
opinion OF the Court Of Appeals and not Of single
judge. The Court took the case and read it for in
formation The letters were not admitted.
Witness, when allowed to proceed, explained that
in the cross suit against the foreclosure MI Irenor
the Commodore had made certain contracts that
would bar the foreclosure; the examination of Mr.
Vanderbilt in 1874 was taken by commission at the
Commodores house in New York witness conversed
with the Commodore concerning the facts in the ex
animation and learned from others too that things
were as he claimed after long session Of the comnis
sion witness examined other persons, to whom he was
directed by the C0mmodore in all the conversations
he had with the Commodore no seemed COOL collected
and perfectly rational; in the Office Of the Commo-
dore witness noticed copy OF the Bible the desk;
having mentioned that he noticed the book the Com
modore said 1t the best book q man could read;
he also spoke of the "Plgrim's Progress another
great book and said he read II frequently; the Gov
ornor had no recollection Of having heard the Com
modore speak about modern Spiritualism; never saw
anything in the conduct Of the Commodore that was
irrational; had conversation with the Commodore
at Saratoga in August, 1876 the subject Of itga
ton; he said he wanted him to commence . suit in
the United States Court guarantee given him with
the bonds of the Bennington and Rutland Railroad by
Trenor w. Park; he was then very clear in his mem-
ory and direct and definite in his instructions;
the 4th Of March, 1915. he swore TO the
plant in the suit for the enforcement Of tha
answer to suit commenced in equity by Park to
join our suit ON the guarantee.
THE CoMMoDoRKs FIRST AND ONLY PARTNER.
On being cross-examined by Mr. Lord witness an
swered that he once called on the Commodore at
Saratoga In company with his wife; remembered the
Commodore then told him about the only partnership
he had been party to in his life; it with
brother-in-law, and they agreed to do much ~
they could for each other In the way of getting
sengers for each others boats, both being watermen
between New York city and Staten Island; they
ceeds; his brother asked him how much he
had collected when the year up; he answered by
asking the same question Of his brotherinlaw; he
could not get an answer nor would he give one, 20
the partnership there ended.
Charles l.. Davenport Of Brattleboro, VT, was
sworn, and an adjournment was taken until Tuesday
morning. ut half-past ten