New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1878-06-13
THE PROCEEDINGS.

courtroom Of the Surrogate yesterday morning ana
Joined william II. vanderblts counsel. He shook hands
with Judge ComstOck. Augustus Schel, and others VINO
were sitting near, and then began conversation with
VIM H. Vanderbilt Mrs. La Bau did not look al her
brother when she came in, but kept animated talk
with Scott Lords SON. Cornelius j. Vanderbilt entered
quietly and took rear seat He looked tired No one
noticed him or spoke TO him.
Mr. Clinton read the adidavits OF William H.Vanderbilt
and of Chauncey NJ. Depew, DENYING any connection
with or knowledge the conspiracy or facts alleged IN
the afdavits read Tuesday. The remainder Of the
day was occupied in the argument of counsel on the mo-
ton for continuance Of the The lawyers INDUCED
in great deal that not argument; charges OF black
mail and Of conspiracy thrown from one side 10
the other and back again. and there was much excited
talk about the methods Of each side William H. Wander
bt listened to nearly all Of the talk Not muscle of his
face moved under the mputatOns aimed at him by MI
Lord; he only looked trie sober and infexible
than usual He half an hour before adjourn
ment Mr. Depew met many of the illusions to himself
with laugh. He made frequent suggestions to counsel
and remained in perfect good humor until the close
WILLIAM Fl. VANDERBILTs AFFIDAVIT
The affidavit Of Mr. Vanderbilt sets forth the fact that
he had heard the afdavits read Tuesday in court
and then continued, as follows:
All of the said adavis except that Of the said Scott
Lord, appear to be and not made IN any
case or proceeding. And now state that am wholly
of them, named in the afidavits; that never knew
them or saw them either of them to my knowledge
Guantance with any one facts pretended facts
which set forth in the afidavts Of Mason Red6urn
or Clark or the letter of Redburn, in either OF the
afdavts, far the said facts or pretended facts
relate to the and dOngs of Chauneey NJ Depew, OF
of said RedburD, Mason or Clark, or either Of them
never at any time directly indirectly employed or
of any detective detectives or any person or
persons whatever being employed to watch my brother
have any knowledge, information or belief that any
conspiracy, plan OF scheme ever existed TO nave my
her, 1874 at other time reported 10 father as
frequenting gambling resorts houses OF ilfame or any
vicious habit habits, and verify believe that no such
conspiracy, plan or purpose ever existed AIne state
conversations or interviews with Mason or Depew and
myself. with Mason, Clark, Depew and myself stated
adavits, entirely false, and each and every
one of the said statements is fabricated. .
There is foundation whatever for any Of the said
statements. have had anything to do directly
or indirectly, nor has any one on my behalf TO my
attendance as witnesses in this case of Redbu Mason
Clark or either Of them. have not been in any
manner directly indirectly, nor has any one con-
nected any way with the the part of the pro
raj in their failure TO attend this Court DO not know
the said persons at ALL and have not the slightest
SeTdsnee save and except that Verify believe they
failed TO attend this Court because they never III
the story told in their extrajudcal adayits is wholly
fabricated and false.
In regard to the Joint letter. the affidavit stated:
IdepOse and affirm that know nothing Of the origin
thereof that no such letter or any letter OF similar i'm
port was ever prompted 6y me- nor was any eSer IRON
and that heard OF any such letter or any letter
O"'' AFFIDAVIT OF MR. DEPEw.
Cbauncey NJ. Depew's AFFIDAVIT direct aud COM
prehensive as Mr. Vanderblfs He depOsed that the
statements in the adidavits Of Redburu, Mason and
Clark and n the letter Of Redbnrn, far they
lated himself unqualihedy false He never, so
far he knew had any acquaintance with any one Of
them; he said anything to any one OF
them in regard to following Cornelius j. Vanderbilt he
never said anything Of them as TO the habits
or vices Cornelius j. The statements as to his inter
views with them or any Of them in NewJersey, at
the Fifth Avenue Hotel or with William H. Vanderbilt
at the Grand Central Depot he said entirely false
he never during the life of Commodore Vanderbilt said
ANYTHING TO him as TO the habits Of his Cornelius j.
he had nothing whatever 10 do with the nonaendance
OF RedoIrh Mas0n anu ~ a. o. ond 1oUoc
heard OF it until he read it on Tuesday evening
ARGUMENTS OF Council
Ex-Judge Black began the argument for the contnu-
ance Of the case. He said that the motion was ad-
dressed purely the discretion OF the Court The an
dayits made came from reputable persons; the only
thing that created suspicion of their truth the moral
turptude that they attributed to the implicated
The Joint letter OF Mason and Clark came upon all par
ties as surprise But whatwere counsel to dot ItwOuld
be impossible to get at the truth of the stories without
searching investigation. The good faith Of those who
denied the conspiracy not dOubed but when they
attempted put the boot the other leg the denial
their was just strong To that the conspiracy
was on the part OF Cornelius j. Vanderbilt was an alb
Eufdity IL kind OF GOOD tnat ought 10 De dOne 70
the missing witnesses to Obge them to give their evil
dence and" concluded Mr.. Black, no one ought TO
open his mouth in objection. And yet Idryy Pm very
much afraid Mr.. Clinton is going TO make some objec-
ton" lLaughterI
scott Lord said that was the duty of the court to
look behind the general denials that had been made at
the real truth If ever purity OF the courts
be endangered IL would be by great wealth. which should
be able TO restrain and control testimony. Eyes, you
WILL" Mr.. Lord said earnestly, (Which shall be able to
purchase testimony These aidavits Of William H. Van
derbt and Chauncey NJ Depew do not settle this mat
ter If persons are Infamous enough TO concOct such
conspiracy they infamous enough TO back up the
conspiracy with false Oaths And yet do not deny that
it possible that TINS conspiracy eSuG nave 1een c%
Depew, in the hope that If was SUCCESSFUL tbe orgna-
tors might afeTW ard claim reward II these detec-
tiyes had confessed TO me that their soIy OF he con-
spiraey the part OF the prepayment was raise sh9u1
feel mpeled by power higher than myself 10 STAND up
in the and remove the imputatiOn that they have
The surrogate-"AIlow me one suggestion to the
contestants counsel When / asked for contrary
facts in this case but II give an opportunity to
contradict the ntmauOn that understood TO be made
mai witnesses had been tempered with know that 1t
Tond he embarrassing for you 20 proceed without pro-
ducng conspiracy evidence understand that Red
burn 6 at yonr service When you have produced him
and his testimony been given then the testimony OF
the other witnesses might be admisslbie 49,, ~, r.,
The last heard from RedDnrn,' sald MT LOIo'
"he'd gone after the other witnesses. -,
AT this statement M SOn hHG y 70 sos
letters through which he first heard OF Clark called out
me REQUEST from Judge Comst0ck that they should DO
used In one of them Clark promised Redburn that be
would come and testify providing ne were pao @IOO
for expenses. - -. 90,
~ Does il say 800 dsyin asked Mr. Clinton
=" Who is getting $1,000 day for his services y asked
Mr. Lord INSTANTLY. My question is as fair as yours.
You heard what the letter said
Mr.. Lord then said that II Redburn were under their
control, they would produce him. go
Mr. Clinton presented the arguments In opposition to
the motion. Tie reviewed from the beginning
with all its delays These adavits, he argued, were
introduced 70 gain another delay 1t was easy enough
10 make charges without naming =" How else
can we meet these statements" said Mr. Clinton. ex