The New York herald., 1878-10-05
vANDERBILTS MILLIONS.

CONTINUATION OF THE CONTEST BEFORE THE
sURRo0ATE-THz sPIRITUALIsTIC EVIDENCE
TO BE ADMITTED.
The Slrrogats's court room hed yesterday
morning with the usual crowd all anxious to
get glimpse Of william h. Vanderbilt. Mrs La Bau,
Cornelius Vanderbilt and the others Interested In the
contest over the late Commodore's millions. Tho
proceedings were opened by Mr.. Choate, who con-
tinusd his argument. commenced on Wednesday,
against the admission OF testimony tending to show
the testators sprtuastic tendencies proof OF which
wss offered through Mrs Eisanor =. Bishop. Counsel
claimed that the proposed testimony was irrelevant.
because the idea to prove that She spirit directed
him 70 leave "all' his properly TO William H., while
the will SHOWS that $leooOooo had been distributed
among other lesatees and the spritualistis advice
had not been carried out. ha ei4
Mr. Lord claimed that this special objection could
be embraced objection spirituaiism boing
sxerted undue influence on tue Commodore.
Judge Comstock spoke In opposition 10 the admission
Of the testimony. He said the testimony would nave
been excluded Immediately II offered before the svi
dsnos OF Mrs. Stoddard The Surrogate said there
could be no doubt that such exclusion would have
taken place. and he added nat he would consider the
question during recess and give his opinion when
Court reassembled. He said he had bsen imp ressed
all along that the will bore most unm,stakabls evi-
dsncss Its face, OF method, Intelligence and plan.
be II right or wrong, which must nave been Inc effort
result OF some independent, Intelligent mind Nov
erhelcss. ne would not undertake now 70 exclude the
evidence, but would decide the question during re-
Cess Pending the approach Of recess Mr.. Christian
3. DelAvan was examined.
MAKING COMxoDoRx PRESENT..
40 lived at Ne. AZ est Twenty sixth street;
had resided In Now ork Tor iorty years knew Commo
Vanderbilt tor thirty years 10 his death
saw him last AZ Saratoga In 1875; had conversat0n
with prior 70 1876 concerning his sons; mis- best
memory as 10 The date OF the conversation was june
1874; the conversation bold In the C0mmOaore's
oftoe In Fourth street. Witness said he went to the
ottoe 10 make the Commodore = preseut, aud during
conversation spoke Of his sons. The witness con-
tinucd:-.I said, Commodore, William ~ nice boy;
he's mothers son. Yes, said he. You can 40
you please With him. says /; she's amable'
said, sHs's OF apron boy; good naturcd, and
said, shere's Cornelius; be's all come around now.
He was once very Wild very wid-and mis- character
such.' said, Commodore, brains II everyt thing.
There too brains IN him lor the time being,
but he's getting level now and the Commodore
nodded" Ai
Mrs La Bau was called TO tho stand and asked
whether she had told William that sho hated her
father and wished him dead Inc question was ex-
cluded Tor, the Surrogate said thvre was not line
Of evidence declaring that she had ever expressed
point found IN the testimony OF Abby Carlton,
who swors sue heard William say s'You know the
girls all nate you and Cornelius wishes you were
dead" 4 ntsN3 .stt.a
When court reassemoied Inc Surrogate read long
and elaborate opinion the question OF the
mtssibiiity OF the Bishop testimony He Thought the
sontestanls had right 70 introduce the evidence
Splrisualtsm aud Its basis an influence IN the CON.
styuction Ot the wall. = ti# Nla frNf aft
Dr. Satssrthwait was recalled and questioned a. to
she conditions foun2 70 exist ~ the Commodore's
witnesses call the case adjourned until russ-
day m0fntngRt hali-past ten O'Clock. .te