The New York herald., 1878-09-25
THE COMMODORE'S MILLIONS.

CONTINUATION OF THE CONTEST BETWEEN THE
HEIRs-RULINa BY THE SURROGATE ON THE
QUESTION OF sPIRIrUALIsM.
The hearing In the Vanderbilt will contest
sumed yesterday morning before Surrogate Calvin.
Counsel appearing for the proponents were exJudge
Comstock, Henry L. Clinton and Joseph Il. Choate;
tho contestants being represented by Judge eremuh
Black. Scott Lord, s. W. Salomon and Colonel Ethan
Allen. The morning session very dull. being de-
voted entirely to argument on abstruse points OF
law. Mr.. Lord offered to show TINT Commodore Van
derbit acted under the assumed influence OF hts
deceased we's spirit In leaving oil this prop
erty to his SOD, William II. Mr.. Lord
dia not claim that the Commodore
Influenced by Spirits but tho contrary that what
he believed that subject was delusion and an i'm
possibility. His will giving such largo properly to
favored son, to the neglect OF seventy lneai
descendants, against public policy and in direct
conflict with the statute, which would have divided
the property equally among the chilaron. The law OF
primogeniture had boon abolished aud the purposes
OF The law aboiishlng II should not be evaded
Mr. Clinton objected 10 this line OF evidence. There
observed by the different counsel In speaking. The
Surrogate promised to give his decision on both points
In the afternoon session, ana recess OF half an hour
was taken.
AN IMPORTANT DECISION
soon alter Two O'Clock aii parties reappearcd, and
the Surrogate, after having stated that he had
suited the authorities on the subject gave the follow
ing decision -
cutie to nS Of 's:
tending to S fac, .aa and % the Ss %
viii advised by wife, through spiritual in.
h ea Of bs 's
issue in The and i should be adjadse that that
tie mental capacity Of the tessass At tho execution
When hs but at S ha
that spiritnasm would not DO held an Issue In hs
with this view might spend months in the ais
Ser on either de declaring that was or was not r
.iona belief Yet have always been Of ,he opiuen THAT
dsS Spiritual dic,ason sh., It would impair the viii
would show the ise. Sssved
m b % any ss ho In se
dence.
ORDER OF ARdbMESr.
Regarding the order o! argument the Surrogate dc.
cided that tho party raising au objection would be
considered as ho!ding the aMrrnatlve and have tho
right 10 open and close the argument. Ho would hold
TO this rule IN future
John T. Novel;, OF Chicago, manager OF tho Laks
Shore Railroad, callea 10 The witness stand Mr.
Lord asked him about conversation he had had with
William L. Vanderbilt regarding Terry, former
"Thats all" said Mr.. Lord.
''No cross.examinatiop." sand Mr. Clinton. (I.augh.
William Il. Morreli. OF New York, was next called.
Ho had known Commodore Vanderbilt many years !;
after Witness return from Europe be noticed grad
ual failing IN the CommOdore's health. Mr.. Lord
offered TO show that the testaor in conversation with
witness had shown MIN picture of his son George
beaten BIN ali to pieces" Question excluded. ''''
Mrs. Mary Augusta Sweet was the next witness.
In 1854 she had q conversation with Commodore Van
derbilt; she to leave he sa,d, MADAM have
you ever seen my son, Goorgo2" witness answered
Mo-" ALLOW mo 10 show you his picture, " he re-
Then he took out the picture and came toward mo
and asked me to look at it did so; said he, "what
1ne intellectual face; 'Ah he said, that poor fell
low is dead; would 10 God that he haa livedl" as
he said that his eyes hlcd With tears; said to him.
''YOu have other children, Commodore he sa,d,
"Ycs, have one son, William, that you saw yon
entered my Office leaning against a desk. and
been u para!ytic since q child and my hearts
sympathies 20 out toward him :, said, You havo
daughters, too very nne ladies; !" said he, Ye es,
proud ol them, they arc elegant women; thoy como
from lhis stock OF vanderbit (siapping mis- brcast)
they have reason TO be proud OF me from the great
inheritance they will somo day receve;' as no said
this he bowed his head II he were impressed with
manner and bearing that struck mo most. Witness
related this interview very dramatically slappns her
breast several times imitation OF the Comm odore,
and ges,iculating dramatically.
Or. Gil wl,e was recalled, and was asked few
questions rotating to tho deceasod's physical condi-
ton, which wore OF no general inl0rcst
THE coMMoDoREs CAKE
Amer about twenty MINUTES waiting tor absent wit
nesses. Mrs Abby Carlton appeared and took the
stand She had known Commodore Vanderbilt tor
many years; once, on going TO bis office, she over
heard u conversation between william II. and his
father; William said, al tell you that tho children
hate you. and corEelias Wishes, you were dead -
to be hcurt, tho Commodore saw her, asked her
be seated and began 70 talk win her about
her business William leaving the room. On
crosse nation witness snid that her hus.
band kept cako store; tho Commodore came IN
several tines alone to tho store, waited
him aud sold him cake; witness couldn't rccoect tho
quality o: the cake or The quantity, whether
big one hat threo what II cost, between four
cents or SIS; the Commodore did not nave basket
bat took the cake away IN his hand; witness could
not remember whether he was nibong 1t or not.
(Laughter.)
the proceedings wore adjourned until hai.past ten