The New York herald., 1878-03-14
THE VANDERBILT WILL.

HEARING BEFoRE THE sURRoGATE--CoUNsEL
REIRovED FOR HARDNESS.
Judge Jerc Slack Of counsel for contestants in the
Vanderbilt will CONTROVERSY, was present at the
ing before the Surrogate yesterday. There were no
witnesses called and tho proceedings were OF an
extremely prosaic character The greater part OF tho
duy was spent In attempt TO properly locate q
comma the written report OF Judge Rapao's testi-
mony.
On his direct examination concerning the execution
oil the will Judge Rapao aid:-''Then found these
gentlemen there. waiting to act witnesses. He tne
Commodore) took into lttlo study oil the parlor
and he said Gentlemen. this is my last w and tes-
ment and wish you to sign ~ Tnen signed drsl-I
put the Sach tho report
by the Official stenographcr. Mr. Clinton contended
that the dash or comma should precede the word
'nrst' instead oil following 1t, and that such The
Intention of the witness 10 settle the matter Judge
RapalIo placed upon tho stand, but he could
throw no light on the momentous question. He was
quite sure however that tho viii had icon executed
according to legal formulas ana that oil course, would
involve tho datiug Of the instrument before IL was
signed Mr. Lord questioned the witness closely, and
among other things asked him 10 recite the tcsta
mentary clause. Witness recited IL perfectly. Then
MIR. Lord asked whether he would swear the ords
will "No," was The reply; Il would rot be caught in
any such petty trap as tnat." Mr.. Lord retorted,
'pctty traps sometimes catch large wolves"
TESTIMONY Oh THE OTHER WITNESSES.
The other Witnesses recalled were Dr. Bodcnhiemer
and Mrs. Margaret Massey, the Old housckceper WHO
testified on the previous DAY.
The Doctor was asked by Mr.. Lord to state again
the conversations be mad with Commodore Wander
bit concerning the belief OF the latter IN cairvoyant
physicians and similar matters, but the quesIions
were excluded by the Court Notwithstanding the OBJ
ject0ns oil counsel for proponents Mr. Lord per-
mtted to question tho witness concerning the Com
modores maiadies, and brought out the statement
that enlargement OF The prostate gland, winch
the deceient suffered, had u tendency 10 impair the
mind. The surrogate gave notco that unless IL
shown that the Commodore oi sound mind he
would later hold all the medical testimony incompc.
tent
Mrs. Massey said she had been brought court by
DR.. Sweezy, but hud not talked with bn, received
any instructions IRON anybody as to what she
say Her object coming was to correct ber testi-
mony OF The preceding day, and she wished It under
sto0u that when she SAID she had not Corneius"
Tor i've years. she meant the Commodore and not his
son. The latter Was always spoken vi IN the house
hold as "Nealy.''
THE ADJOURNMENT.
Mr. Lord had no other witnesses ready, and asked
that the estiony oi the Commodores daughter Mrs.
Cross, might taken at residence she was too
III TO appear In court After considerable discussion,
the course OF which the Surrogate ounccd that
counsel would have ~ be more expeditions hereafter
the was adjourned until eleven O'Clock to- NOR.
row. Testimony will be taken uutil Two, when the
Surrogate will 20 TO the house OF Mrs. Cross, NO. "a
West Fyeighth street. and take the evidence vi tnat