The New York herald., 1878-10-19
SWEARING EXTRAORDINARY.
Alleged Attempts to ntnidate Witnesses in
the Vanderbilt Will Case.
MEDICO-PSYCHOLO TESTIMONY.
A Prospect That the Contestants Time
VIII Be Extended.

yesterday Of surprises and tall swearing In
the Vanderbilt will Tho afidaviis OF William
II. Vanderbilt and Mrs. La Bau, one denying the
otner were entered as part Of the case, and swarm
Of witnesses swore by aiidavits that they had been
approached and offered Inducements not 10 testify IN
he case for tho contestants. Interesting expert
nedico-psy Geological testimony taken concern
ing tbe conditions and peculiarities of mind conse
quent upon such physical disorders AS Commodore
Vanderbilt died Of
THE CONSPIRACY WITNESSES
Proceedings opened with tho reading Of long an
davit from Mr.. Scott LORD by Mr.. Ethan Allen. OF
sounsel for contestants to the effect that he bad used
due diligence procure the attendance OF the con-
spracy Witnesses but had failed they had left tom
and could not DO found. Ono Of them, named
Mason, dcponent had soon about ten days before
The Court opened alter adjournment In September.
do then stated that he had left the employment
II Redburn in consequence Of Inducements offered
~ Clark, another OF the conspiracy witnessos he
eft depononts office, hc stated to 20 to Jamaica L.
L, aud since that time deponent has not seen or
been able TO communicate with him. Depcnent, how
ever, is informed that Mason getting into
Fifth avenue stage about three weeks ago a. Fulton
Terry, aud he is informed by Judge Comstock, In
court that Mason is the city every day and can be
found II wanted
INrMrDArING WITNESSES.
Another sot Of afidavts was also presented 10 ex-
plain the reason why counsel for the contestants re-
fused TO divuge the names OF witnesses they propose
TO call. IL will be remembered that Judge Black
denied the right OF the Court to limit the time Of
teslans and the Court ruled that II counsel insisted
further time they must explain to the Court
what they wanted time for, and evidence
OF good laith name tho witnesses they proposed 10
call 10 the stand. At tho time Mr.. Lord explained
that he did not think he could afford 10 dvulge the
Witnesses,
ioro tho Witnesses haa Dsen tampered WITH The Sur
roguie that il evidence 10 that could pro-
duccd he would until the end OF his to hear
tho contestants testimony. THIS proof Was pre-
tented yesterday IN sfldavls which we're read by Mr.
Eltan Allen The aildavits were ten in numoer. and
the subscribers testified in substance as loows:-
BAU's AFFIDAVIT.
Mrs. Mary A. La Bau states tnat during the sum-
OF 1877 she called William n. Vanderbilt, At
his house aud him to ke. his promise to her
He refused told he understood she was TO De
one OF the Witnesses against the WILL He threatened
and said he would her character to pieces that
sue would be compelled 10 leave town IN three days
Mrs. Mary l. Stone testified tina. IN June or July
last she approached by man whom she had
never seen before who told her she had better not
testify in the Vanderbilt case, tor II sho did her
character would be backened; he was very particular
TO tell her That Mr. Vanderbilt mad not sent hun that
he came Of his own iree vii; he
20 TO europe Tor SUMMER trip and
have all her expenses paid ana something
away; she had told q soul OF her connectlIn
with the except the counsel Tor the contestans;
Gray, New Yorx Post OHice;n the writer repeated
iu this letter offer that had been made before that
she should 20 Europe he also argued with her that
she should consaer her doilcate health and NOT 70.
fuse good offer.
Mrs. L. L. Ray mond testified that she had been APP
pfoacned by man who warned her tnat II she ap-
pearsd Vanderbilt case her character would Ds
biackenod forever.
GEORGE n. TERRY's raouBLR.
George ~ Terry deposed tnat before ne appeared
as witness 10 the vanderbilt case he was the lessee
OF tho Island House AZ Toledo ohio on the line OF ana
belonging 10 the Lake Shore road; alter he had tes
hed IN tho case hs was refused renewal Of his lease
though Mr.. Newell, the division manager, told him
fault was found with his management; he said the
orders to were from neadq uarters and OF
Mrs. Eleanor +. Bishop deposcs that she ap-
preached by man, who told her that he had secn
long list OF charges that would made against her
i she tsstited 10 tho case, and that they would
terly ruin her reputation ha told her she had bet
20 Europe and ho woulu pay her expenses; her
ION there, he said, could mako nim visit
anu have good time without expense
mrs. DanIorth testihes that snc was approached by
q man who told her fooiIsh 10 60 against
William II. Vanderbilt, Tor ne was y p--SerIul man
aud could and would crush all who opposed MIN
the man was stranger she refused ~ listen 10 him
luther.
"A BIRD IN THE HAxDn
Mr.. d. w. Bennett testified that man called
him = Oil CO aud asked nm whether IL true
that h. expected 10 gel SI0O 900 II the Vanderbilt
will broken for having tcstincd against H. MIR.
Bonnet said he did not expect 10 get one cent? tue
stranger said ne Understood such Al arrangement
had made, and had called TO suggest that
smaller sum IN hand would DO better than largo
one contingent on something remote-in fact. loo
broken.
Mrs. vao PeIt deposed that she had been offered
money brbe by an unknown man not 10 appear In The
Vanderbilt to TESTIFY lor tho contestants; tho
man was Of niddie age anu pleasant address, shs ro-
All these gentlemen who approached Opponents
were careful 10 state that they did not como from
William H. Vanderbilt. but came out OF pure disiu-
tercsiedness and did not the people they
addressed ruined by their own ioIiy
THE BESSISG ASSAULT.
When Mr.. Allen ANNOUNCED that he was about -
read AN affidavit IRON Warner Bennng, Mr.. Clinton
jumped to ~, tee, aua SAD nc o9essd 70 The sy
admitted such testimony tnis, and the Court di-
rcc,ed Mr. Alton to proceed Bsnning ,cs,lned that
on October while he was passing along tho street,
beng at the ume engaged IN looking up evidence 10
corroborate the witness Stoddard he was struck IRON
behind and eiled by violent blow ny some unknown
person, and thut his life was endangered. d..
Charles A. Seal the physician VINO altonasd Benninp,
presented hfiuavit, stating That on Octo0er
he was called in TO attend Bennins, who was suffering
IRON severe scalp wound and an injury to tho era
mum.
COUNCIL OF WAR.
After the reading Of these afdavts Mr. Vanderbit
and his counsel hold consultation, and alter asking
Tor BRIEF adjournment re,ired 70 confer iurther.
When they returned affidavit from william II.
Vanderbilt was read IN wh,ch ho natly denied tine
testimony OF Mrs La Bau, and testified that he had
never said anything 10 her that could DO interpreted
or understood to mean hat sne SAID Ho had never,
he swore, directly or indirectly sought to influence
tamper with any witness, or solicit them not 10
tcs,iiy. Oi tho Bcnning case he knew nothing OK.
ecpt what he road IN the papers.
THk CONTESTANTS TIMK.
Further u1idavts rchearsng the history OF tho pro-
counsel claimed that according ruLng the Court
should enforce the rcstricton Tho Surrogate
lormed Messrs Black AMI Lord that they had the
opening and closing Mr.. Lord SAID that tho sfhdavit
OF MT Vanaefbl reminded MIN very much oi tho
great denial published In the morning papers, which
D certain party disclaimed all knowledge Of certain
iacts. IL did Improbable all things considered
that the party making the DENIAL might nave said,
"Do such aud such things, but don't let me Know
about tbcn.n These increnccs might also be drawn
from Mr.. Vandcrbiit's statementR Hc did not claim
that was the case but that tho iniorenoo could
be drawn.
Judge Comstock said tho cont estants did not make
out a very strong favor OF further extension
OF tInc He renearsod the history oil their dIatory
proceedings and said that unless they showed some
reason which did not now appear the Court should
grant them further indulgence
During recess tue Surrogate wrote an opinion on
the question OF granting further timc, the gist OF
VIII thai the will continue open Tor the con-
testants tndchDitsy. by iuesday next they elect 10
INFORM the Court the names OF their Witnesses
INSANITY.
DR.. Pctzold, nutive Of snxoDy, and an expert on
insanity was called TO The stand and exam.