The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1878-06-15
LONG DRAWN OUT.
Continuation of the Bitter Contest Over
Vanderbilt'S Millions.
SOME SPICY PROCEEDINGS.
A Minister Who "Speeded" on the Road
with the Late Commodore.

continuance made by the counsel for the contestants
Among other things, he said:-"This third appIica-
ton to postpone this proceeding ON account Of the
absence the socalled conspiracy witnesses involves
the exercise Of delicate discretion. In the
srcise OF discretion which is likely materially to
affect the progress and ultimate result OF CASE the
Court should strive to avoid arbitrary severity on
the side and capricious axity on sne other. and
endeavor without Partially prejudice 10 afford all
reasonable opportunity to develop the real merits Of
the Indeed, the good fame OF judicial proceed
nss the equal rights OF tho parties and the personal
character OF those accused Of most atrocious
spracy, cannot we'll afford allow 1t to be plausibiy
said that involving all those interests together
with immense estate, was turned out OF court
either upon technically or rigid exaction OF dill
gence instead OF afording liberal opportunity TO in
troduce all ma,eral testimony and decide the
troversy upon its real merits according to law. am
OF the opinion that Mr. Redburn should be produced
and branches oil the the part Of The
contestants should be continued and closed, and If in
the meantime diIigent effort shall fail to produce
the Ascending witnesses better case may then Be
made for further continuance"
PRocEEDIN0s.
Much of the day was taken up BY the exciting ex-
animation and GROSS examination OF ex-Assenblyman
and ex-Alderman James Irving He said, in answer
10 Mr.. Lords questions, that ne had lived New
YORK nearly al his liie-ffty eight years or there
Abouts; he had been butcher many years, an Alder
man for two years and member OF the Assembly for
i've years; he knew Commodore Vanderbilt since
1885. the year OF the nrs he testified that in
1868, while Assemblym in Albany, Commodore
Vanderbilt sent for him held conversation with
him. Irving went to relate that the Commodore,
IN that Conversation, spoke TO him as follows about
Mr. La Bau, his son-in-law:-"Hs's of the best
anything happens TO him I'll do anything in the
world for him or his family" Subsequently, In his
Office in Fourth street, the Commodore used hsse
words:-"l'l always take good care OF him and his
family; lI never forget what he has done for ia
Albany, and he and his family will always be we'll
provided for"
Tho witness narrated another convsrsation held
with the Commodore in December, 1874 In his Office,
follows :-Says he TO me, I'm annoyed, Jim, about
Cornell; l have heard hard stories about him.
William and his wife, Frank, have had Cornell
watched. William has reported him to me having
been TO houses OF prostitution and gambling hslls
but that don't make mo feel bad that William
has told me that Cornell and my daughters wish me
dead" "Arn't that mistake, Commodoref" / asked
MIN. "No. Jim," he replied. ut annoys me; l fee!
nervous, even than ! did ir 1858 or 1854,
when had the gout. Jim, did intend to leave half
Of my property 70 Cornell and William. dividing It
equally between them, and give the other ha II my
daughters, but have changed my mind" He said
his head hurt him; ne was nervous and annoy cd
about these Stories and didn't know half the lime
what he was doing
: In March. 1858, the Commodore told him In Al
bany:-"Jimmy, when leit the steamship business
dred millionsl" ssNs
MT Scout Lord asked the witness abous the CON-
ness how be went to the house, and how the Commo.
dore asked him 70 sit down. and tod him the doctors
oame near killing HIM, but he saved himself oy tax
lng u double dose OF calomel and jalap.
Nessrs. Clinton and Comstock objected to oil this
testimony, when Mr.. Lord said !; was important 10
show the date when the Commodore was Ill, for .
record had been introduced by Mr.. Clinton stating
hat Cornelius. Jr was IN iunaiic asvium At that
tha. his bro,ner William H. had him arrested a. that
time on false charge oil forgery.
Mr. Clinton denied that any such record had been
introduced by him. 1.-The only record have offered -
he SAID, .'was that Cornelius was indicted In ASH
ington Tor obtaining money under ial.e pretsncsS'
Mr. Lord said ne was glad that the counsel had
again ventilated his spe ana insisted that date
OF the Commodors's illness was important, for it
ss"n, ~ ,Ss his will as Dr. I,psiy ies,,nea Co.'S
neus arrested the instance OF his brother
false charge OF forgery, and pretending TO cover up
that charge, had him sent 10 q lunatic asylum.
Mr.. Irving IN going to tell about his visit to the
Commodore when he was III with the govt, described
how Commodore Vanderbilt refused TO see every one
OF his friends but ''his dear friend Irving"
Mr. Clinton objected, and characterised this as
"eternai Cabling"
al the witness will not conane himself strioty to
answer questions" surrogsts Calvin stsrnly pro-
claimed, II snail commit MIN"
Mr. Lora protested that the witness had only erred
unwttingly.
Surrogate Calvin said II evident the witness had
gone there with strong bias, and ne meant TO keep
him 10 u strict account.
Mr.. Lord-lf Your Honor can now shy that this Wit
Diassed because no travelled little outside
the strict question think you must have more infa
libiity In the discernment OF character than any
judge nave ever known oil.
Surrogate Calvin quietly replied that tho witness
had been already Two tnroe times reprovsd.
Judge Lord-well, on behalf Of this witness desire
TO utterly repudate the charge OF bias made by Your
Honor, aud now oer to prove that this witness
served with subpoena ana refused TO come until
Threatened with an attachment Clients and witnesses
have rights as we'll as the Court
Mr. Cinton--I think tho counsel has Ieciured tho
Court quite enough. *t
Surrogate Csvin-It Is quite Irrelevant whether he
came here In obedience to a subpoena to q threat.
ened attachment. He has q rignt 70 be here and
Mr.. Lord fexcitedly)-I want TO say this-wel 10,
upon second thoughts will forbear, because what /
surrogate Calvin tdriIy)-If II s improper your Sec
ond thought may be the best
THg CROSS EXAMINATION
Mr. Clinton how cross-examinod she witness ut
q While you we're an Asssmbiymas d,d you not
assault a member on the floor OF the Housef A. NO,
SIR; was assaulted myself
Mr.. Clinton wanted 10 go on with this matter, but
the surrogate, upon tho objection Of Mr.. Lord. de-
cided that the credbility witness could not be
impsached by any iacts OF personal character.
Mr.. Clinton god that II . witness was OF an In
famous character he had the right TO show IT, Mr..
lord Withdrawing his objection the inquiry was con-
nhucd by Mr. Clinton.
o. WASN'T an Investigation begun In the Assembly
Win view TO your expulsion, and didn't you escape
punishment BY resieningf A. No, sir; the matter
was never invsstigated; resigned because smith NJ.
weed struck mo the door Of the House, and 1 re-
the blow outside and In order to please friends
O. Didn't you strike him on the noorf A. No, sir,
u wasn't within the.bars OF tho House; II was the
Clerks Office.
q When you were Alderman, In 1870, didn't you
try TO mold over another Year, A No, sir I've
hementy); you tried 10 swear me out BY your hoy I"
that's what you did. t.aughteEl
CREDIT AND CASH
u Wern't you elected by man iorccf A. No, sir, 1
walked out; held the ONCE oil assembly man Tor hve
years, and think that's some credit
q Well, AS you say, u was accompanied with some
eredlt perhaps you eau tell US also whether u was
accompanied by some cash toof A. Cash Nc, sir,
never spent a dollar an election IN my life.
Irving was questioned "a to his acquaintance with
Cornelius J. Vanderbilt, and admitted that he knew
nIm sinco 1906 but only very slightly.
/. q. gio you know Mr. simmons, the lottery msnS
A. Yes, sir, have known him
O Hayen'l You been intimate with hlmf A. No