The New York herald., 1878-02-28
VANDERBILTS MILLIONS.
Another.Phase Of the Contest
Before the Surrogate.
JUDGE BLACKS ADDRESS
Courteous and Discouftcous Remarks Between
Rival Counsel.

The hght waged BY the brother asd sisters OF hr
William H. Vanderbilt to gain possession OF greater
share OF the fortune left BY the deceased CON-
rodors resumed with unabsisd visor before
Surrogate CALVIN yesterday. A good deal OF per-
sonahty was INDUCED 10 bv the counsel ON either
side. and the Court obliged 70 rseuks thsEsnts-
and that he would not In futurs permit
them dsclaim trivial occasion. The usual
persons present In company with the parties to
the SUIT both Sides Judge Jeremiah Black. OF
Pennsylvania, of counsel for contestants, vas early
on hand and In the afternoon made brief address
ior the nrst time since the trial began.
PRoOxEDm0s.
When the Court convened Mr.. LORD remarked that
the first business the disposition OF u motion
made in December alter allegations OF the
contestant, Mary A. La Bau. He read an AFFIDAVIT in
which Mra La ban states that ut the time OF filing her
complaint she believed that Frank A. Vanderbilt now
widow Of the Commodore, and her mother, Mrs
Crawford had exerted undue influence upon the mind
OF the decedent TO the prejudice Of contestants but
that she had dennite Information on the subject
and did not like TO mention their names in the com.
pIainL Since then, however, she had obtained cer-
knowledge that the two ladies named had exerssd
undue influence, aud therefore she prayed that she
might be allowed 10 insert their names.
In roply TO this affidavit Mr.. Clinton read others
from Mrs. Crawford. Mrs Vanderbilt, William H. Van
derbilt and J. D. Reynolds, denying the allegations
Mr. Lord argued support OF mis- motion Issues
could not be tried upon aldavits. The good faith OF
the CONTESTANT was shown by her reiqea " allow the
names OF the Two ladies In question to enter the COM
psiut the first instance when requested 10 40
go by counsel, because ut that time she not IN
possession OF positive proof on the subject
In opposition 10 the motion counsel made long
nrgumsnt, In the course OF which he quoted largely
from testimony taken the early days OF the
LEaAL JUGGLING.
Mr. Lord to iuquire far counsel was be
allowed tc 90 into n summing up OF the evidence be-
lore the case was closed. .s
Surrogate calvip-welL am inclined DO. TO inter.
rupt the gentieman particularly as he s anording you
basis ior summing up ON your side
Mr. Clinton rnere IS only QUE side 70 this case, sns
there has been only one here from the hrst.
Judge Jere. Black (,wirng bis .oDaooo box)-Oh,
your side ~ not In YET. (LaughterJ
position OF :he nanaIc 70 the proverbial jug.
Surrogate Calvin suppose IT'S \ cSse OF who shall
get hold OF she handle 1rsL
Mr. Clinton 10 judge from the mauAg ement Of this
case should gay II sas Qussson OF the contents Of
the Jug and mol Of the hHndlc
Proceeding with his argument, Mr. Clinton con.
tended that The contestants had not yet established
single TACT. and that II they were psrmtsed to intro
duce allegations year the cAse was begun
they might year hence put IN still others
and SO proiong the contest indefinitely.
Judge Comstock followed 70 the same effect
JUDGE JgRE. BLACKS sPgHcM.
Judge Black reJoinsd 10 brief speecn. .sIf Your
Honor please I" he said - propose TO say word or
leave all the details Of The subject to Mr.
Lord. He accustomed, suppsse by this time
how 10 do II. ! confess canuot. confess l am
sotally unable to comprehend whsn he wanted be
he went through the whoie Of ncc 70
he could gather It up from tho voiumnous notes
before MIN, q mere motiou amend the record.
faculties 20 .ns utmost, but laied then ana .a,i now
lwith u smre); but think Mr.. Lord knows, and he
will follow and answer nlm US fully As coulabs desired
by bunconbe iLselL What 10 lhas motion ~ Judge
Black proceeded 70 answer his own query.
by the rules OF every Court In Chrislen-
dom--certsiniy OF every Eugltsh speaking Court
IL was settled that court would, un oner was
amend an allegation, sxcrnss evidence peril.
nent 10 the ISSUE He did nos think that ia this
country either IN Colonial times since our inde-
pepdencs, there had been any statute which did not
require that whenever failure had been made 70 set
made. "Inis Is Just, this IL right" exclaimed the
speaker, ''und TO refuse amendment which IL
offered in good faltn IA order ~ give notice " tho
party the other side OF the allegations OF plain
traton oil justice" II there any indication that
plaintiff wished ~ give evtsnce uoder the snd-
lion for the .msndmsn, anu il was 100 late ier mo
Dshsr side 70 answer =. Judge Black said
he would would ADMIT :n.s ss. the ,l no.'sn oaEhs TO
detamatory evidence would be introduced wore un-
founded. or course, the speaker would not attempt
damaging evidence, but he would promise that no.
thing OF the KIND should De put In gratuitously
1--WE busiuessi' exclaimed Judge Black, turn
ing directly TO William II. Vanderbilt who SAL . few
feet away.
Tne latter tilted back in his chair chewsd tooth.
pick gazed with half closed eyes lace of
Ihe speaker.
ave shall " Judge Black continued, softer only
such evidence may deem necessary IN order 10
got share Of this xl00 0o0 900 which Mr.. Clinton
speaks Of"
A DIFFERENCE.
M Clnton-l d'ant say It was $1Do, ,o0o, 900; 1t
Mr. Lord
Judge back-Well / suppose either OF you would
be very willing to take 1t Q.aughteE) Now. we shall
put In THIS evidence simply Tor the purpose OF getting
particular OF this money and II the gente-
man turning TO William II. vanderbilt) viii hand 1t
Will take It and not say another word.
Mr.. ClinloD-You had your share before This case
was brought.
Judge Black proceeded with his argument in sup
port OF the motion. He claimed that Mr.. Clinton in
asserting that nothing mad been proved py the
testants was old Trend OF his In Pennsylvania
used to say, "a little previous II useiess Tor
the proponents TO talk as they had from nrst
claiming that Commodore Vanderbilt was the sauest
oil men merely because he was the richest oi men.
Inc evidence 10 be relied upon 10 decide the
Mr. Lord TO urge the motion iurther, but sur
rogate calvin stated that ne had fully maze up his
mind what course TO lake, and unless thought
less speak ii tnipk so too" muttered Judge
Black associate Mr.. Lord sat down.
SURROGATE cALvIS's DECISION
my own judgment" said the Court, ''is that Il
would be entirely uuoecom ing The Court discuss
Tho merits oil the testimony that has been gwen,
Several The first Is because TACT cannot 10
Baid be proved admitted tact In
concluded yet. think 1t is worth while
reconsider under which this motion
was mAue. As | recall them, a witness on the |