New-York tribune., 1878-06-12
THE COMMoDORE'S TWO SONS
CONFLICTING CHARGES OF CONSPIRACY.

~
against Cornelius J. Vanderbilt. IL was al
legged that William II. Vanderbilt and Chauncey
NJ. Depew arranged it, and hired the detect
ives to follow man, who person
ated Cornelius J. Vanderbilt, to infamous
places, and to report his movements
TO the Commodore in order to order to in
fuence him to disinherit his son. These affi-
davits were prepared several months ago, but
have never been made public before. letter
from Clark and Mason, dated June 8,
1873, was also read, denying their former
story, and declaring that the only conspiracy
was one arranged by Cornelius j. Vanderbilt
himself w. H. Vanderbilt and Chauncey NJ.
Depew will deny, to-day, the charges against
them.
OPENING SCENES IN THE COURTROOM.
The contest of the will of Commodore Van
derbIt resumed yesterday, after interTission Of
two months A little group around William H. Wander
blt and his counsel II. L. Clinton and cx-Judge Conn
stock and a long OF expectant reporters at their
tables the only unusual features IN the surfogates
Court at the hour for opening The usual attendants
at the sessions OF this case had lot gener"
ally known OF Its resumption, aud the con-
late in appearing. AT 1880 o'clock Scott
Lord In alone and said that he had been waiting an
hour for Judge Black aud he didn't know what had be-
come Of him. While Mr.. Lord was talking Judge Black
walked eisurely into the room, evidently In no hurry
about anything Mr. Lord then said that he wished an
adjournment until halfpast o'clock, IN order 70 pre-
pare papers for a motion to continue the Mr..
Clinton objected but the Surrogate granted the request
Before adjournment the Surrogate his decision
on question that submitted before the last adjourn
ment.
Henry Allen testified that the Commodore told him
that Mr Torrance one Of his daughters had been say
ing improper things of Mrs. Vanderbilt, and when Mr..
Allen tried 10 excuse Mrs. Torrance the Commodore
answered. "Oh no, they have all been taiking-Billy
has told enough" Mrs La Bau just before the adj
ournment was asked whether she had said anything TO
W. H. Vanderbilt derogatory 20 Mrs Cornelius Wander
but the second wife Of the Commodore. This was OBJ
eced to by Mr. Clinton and the Surrogate reserved his
decision which ne rendered yesterday, ruling out the
evidence.
After recess occurred the OF the day. and in
fact Of the thus far Mrs La Bau came IN with
Mr. Lord aud in great good humor sat down behind
Judge Black. Augustus sehel sat beside William IL.
Vanderbilt The latter while waiting for the Surrogate,
conyersed annatedly with those him about his
recent European trip and his enjoyment Of it the best
hotels to 20 TO- aud the changes noticed in old familiar
pnces When the Surrogate came In. Ethan Allen took
from the table huge mass OF manuscript and read the
afidayit OF Mr. Lord motion for "A continuance. t
was substantially as follows;
Scott LORD. being duly sworn, that since the
making OF his affidavit read April 2, 1875 the contest
York % the said Fraukm A. Redburn George A. Mason
and William H. Clark to Be sworn & sHd eaamnea sp as
the last adjournment Of this case. has seen and con-
ycrsed with each OF said Witnesses, aud was assured and
believed that each OF them would be In attendance &C
opening OF the court on this day 70 testify ~ Wit
neses i'm tins case aud that by appointment said wit
meet Judge Black aud this depOnont at
the New-YOrk Hotel at 9 q. m. on the 10Th lust.
That tnis cponent had no intimation that they would
not ulhu sucn engagement until late the afternoon
Sunday the oh inst when letter Was received FROM sd
Redburn stating that said Clark and Mason had on
together hut that ne should go after them Immediately,
aud that until about the lOth Inst, at which
said Clark and Mason, which xel following
their alidaviis, he had no intimaton that they claimed
that there any IN such auayis that they
had been attempting TO review the ground as to places
Deponent further says that said Redbun has not yet
returned and that should ne return 90 this sitting OF tho
court his testimony as VIII be seen ~ ms slNt mere
% annexed does not cover the following % the person
who persOnHted Cornelius J. Vanderbilt or the in.
teryiews with William H. Vanderbilt and the decedent.
The adayits or said Mason aud Caik are also hereto
annexed Deponent further says that, when ne opened
this case believed and believes, the statements
said adayits TO be true, and that II the testimony OF
said witnesses taken they viii sustain thtt said am.
Davis and he believes that within reasonable time, II
allowed for such PURPOSE the testimony Of said Wit
be procured either by personal attendance or
Deponent further says that he does not believe that
either of said witnesses could be persuaded or bbed 20
believes that in the interest OF the propouens they have
been induced to make 70 TINS dsponSht& & sta,enenss % M
the eve oflthe trial away 10 some place unknown TO
this deponent that their attendance cannot be pro-
Deoonent further says, that the communication re-
ccyed Dy nm said Mason and CLARK. leads hum 20
believe that ncy have been In communication with some
persons the interest OF rupuncurond baNe
been induced by them TO put themselves beyond tho
nrisdcton of this Court To avoid tesufyng. aud that
this also leads hun 10 believe that bad they not refused
10 testify under oath TO the statement Of their letter.
they would have been allowed TO appear Ia court aud
testify ana the counsel for the contestant, under a
these circumstances deem their duty 10 ask the court
for a continuance, 20 IN matter OF such vital iIn-
portanoe the truth may be asoertaned
The affidavit OF April 2 referred TO above by Mr. Lord,
a.. A.. h HIM
secure the attendance OF the witnesses Redourn Clark
and Mason aud his for thinking that they were
detained either by unavoidable circ umstanoes or by
inducements held out by persons actiog In the
interest of william II. Vanderbilt luis affidavit
was published In THE TRIBUNE at the time.
When this point IN the reading reached, Mr.. Gin.
ton objected 70 ITS proceeding any further lie said
that the afdayts extra judicial. not made under
any responsibility. and not made IN the cause. Every
word might false aud yet the dcfendents could not
be held for perjury. "lteomos 10 this said ,Mr Cn-
ton excitedy, whether this court Is 10 be used
only FOR the purposes Of scandal aud that those who at
tempt the baekman should not be held responsible.
We understand tins thing perfectly. It's smple ques
whether this court 10 "a be used for getting INTO the
newspapers statements which they have already refused
20 print"
Judge Black" That's unfair to counsel aud to the
parties c0ntesting"
The surrogate-"Mr Clinton. can't think thai
reputable going TO resort to such measures
when they Know tuat III utMEl"ffi. NfNAA
come TO the court idle wind The fact thai
the statements TO hasn't the slightest effect IA
this ease but think they may be read as part of Mr..
Lords statemeW TO show why be thinks an aUournment
should be- had.'T
Judge Comstock Qn an undertone 30 Mr. ClBt0nl--
This is the greatest farce ever witnessed"
Mr.. Allen then continued TO read.
HISTORY OF THE ALLEGED CONSPIRACY.
The affidavit Of +. A. Redburn told In legal phraseo
ogy the story narrated IN his letter Cornelius
Vanderbilt. dated June 81. 1877 This Mr.. Allen also
read The letter written from Jersey City, and
as follows:
DEAR SIR; When, many weeks ago. Il seemed almost
certain that With other next Of KIM Ia contest
tie Cnmmndnrns ALLEGED Will rnsnlNnA 10 give your