The New York herald., 1878-03-28
THE VANDERBILT WILL CASE.

STILL DRAGGING ITS WEARY LENGTH ALONG
YESTERDAYS PRocEl D.KGs BEFORE THE
SURROGATE.
The contest over Commodore vanderbiit's will was
resumed yesterday in the Surrogats's Court All the
counsel engaged were present. and thero was large
attendancs OF spectators.
The nrst witness was James ". Cross son-in-law OF
the Commodore. Mr. Lord offered prove by him
that up 10 the time Cornelius married he was brutay
treated by his father that the latter was kinder 10
him after that until the conspiracy formed whom,
under the influence Of the stores told him, the.
Commodors's old bitter feeling toward his son
turned Mr.. Lord further offered 10 show that In
1860. while Cornelius was a youth, the Commodore
seized him and attempted TO throw him over the bal
ustrades OF stairway, and that he was obliged fy
IRON the house bareheaded. The Surrogate excluqed
tho testimony, and Mr.. Lord proceeding with his ex-
animation tho witness said he thought the tsstasor
was easily influenced by false representations about
mis- family; tnat whom the Commodore was SICK In
1s4o and WAS expected TO die ho SAID, "Dpnt be aux
ious. there's money enough for ALL wilnoss reco.
isctad the git OF the steamer Vanderbilt 10 the gov.
eminent during the war.
Mr.. Lord here offered 10 prove that tho Com modore
told him he did not give At ALL but had assurance
from President Lincoln Of rs return, and that his
mania for accum uating was not broken In upon by
this apparent gf This evidence was excluded us was
also nm offer TO prove by young man named James
W. Peppard that colored man was violently beaten
by Commodore Vanderbilt ono occasion and turned
out OF his siabes Nj. Lord offered 10 prove by the
same witness that the latter bill from grand.
son OF The Commodore 10 him and that the Commo.
dorc became iniuriated and drove the witness from
his presence. As the Commodore had undertaken 10
provide Tor this grandson Mr. Lord claimed his con-
duct was unreasonable. The evidence was excluded.
MRS. LA BAU on TIE STAND.
Mrs Nary Alicia La Bau daughter OF Commodore
Vanderbilt and the contestant whose name appears
in the papers the case testified that she had
her father during hts last illness; that she has two
brothers and seven sisters, and that the Commodore
lett surviving him thirty-.hree grand dchdrsnsixteen
grandsons and seventeen hters--and twen-
ty-six great observation-disclosures female aud
male tho lady testified concerning her residence
other Witnesses; she testified further that her
husband died whie sne was IN Europe; ne
Mr. Lord offered 10 show that ME- La BAu
returned, contrary to the wishes OF bis wife, because
he insiructvu tU do SO by the Commodore. Cor.
nelius tour years the senior OF ness; ne left
home when about sixteen years old. Mr. Lord onefed
show this witness also that Coraeius j. left
home VI The repeated requests or com.nands oi his
father.
This evidence was objected TO by Mr. Clinton, and
Judge Back argued Tor iss admission. He sad that
the Commodore took an unreasonable antipathy W
Cornelius j. because the latter was sckly, and that
the latter, therefore, was driven from aud had
moral training excvpI the bad example Of his
father. 1t was useless 10 deny That ne became
dictcd 10 likely 10 be contracted by per-
sons in such situation. Judge Black proceeded TO
dwell upon the prsuiectton 0l The Commodore Tor hrs
other sou, wiiiism H. and protested against the un.
equal division OF the property caused by his iceDgs
toward the sous respectively. he declared that the
law N permitting a man To practically disown his
ExJudge COmst lock, In reply, that the Sur.
rogate sat " administer tue law OF tho land. That
pleased provided ne was legally competent to make
wiL Juuge Blacks arguments were directed against
tho law and not against the proponents
STILL oFvkRs EVIDENCE.
Mr. Lord offered 70 prove 0y The witness tnat in lS4S
The Commodore was seen with a horsewhip IN MS
hand beating young Cornelius as ne lay in bed; that
tho Commodore refused " give his wife money, aeg-
Ing tnat sue would give some OF II TO Cornelius and
amount sas wh,on was given 70 Cornelus by
h's mother; tina. The Commodore accused
a, tne ,ms corneISs 4 wss senresented n. bs;pg IN
the biO0niDgdalo Asyium he was III reality calling
almost aa,ly a. his fathers house, the commitment
offers we're excluded
Ara La Bau recolccted . conversation with hcr
father mis- 0ce 1874 she had brought her French
governess 10 be introduced 10 him versation
between the Commodore and the governess was car
modors SAID that his hcaa troubled him a
great deal; that he was aflcted with dizziness.
An offer TO prove a conversation which occurred
IN the CommOd0re's room during his illness
cluded. Mr.. Lord proposed to snow that AT He
funeral William II. said 10 witness that Ii the girls
would trust him would do re ht by hem also that
the reading the Will he wept proiuscly, SAID W
great surprise 10 him AZ to them, and prom
sed ''t0 do right ny them;' that he sad to Cornelius
"Irust me, Cornelius and Will do right by you -
that Mr.. rhorne, VINO 10 lawyer, asked what he
would do. and that William II. thereupou lett the
room by advice of Judge Rapello. TINS was all ex-
ecludsd
Mr.. Lord proposed TO show further that witness
subsequently al interview win William H.,
ne rcpudiated MS promises, declaring lie mad
sad any such thing; that ON still another occasion
She asked him what ho w0ulu do Tor Cornelius
telling MN that he wanted O00, 600, and that Will
iaIn II. replied, ~ know what he wants ana Will sat.
isiy him." Tns, Mr. Lord argued, was an evidence
that William Il. had not iah the legality OF the
WILL The testimony wus all, however, excluded
Mr.. Lord then offered to prove that on another &C.
casion Wliiiam H. SAID to witness that some of TN
daughters were lrylDg to prove that tho Commodore
was not married to h's second wife; that she ex-
claimed, "Wha. 40 you sayf" ana he replied, "rbat
Is one oil the most adroy Vr quickly managed affairs
the country ever saw; II was ali done IN TWEEN yiour
hours and have all the papers" THIS Was also ex-
Guided. Mrs. La Bau tben testified that William H.
haa oiored her GIFT OF $5o00uU, In addition 10 ner
legacy, out tEat she told w0ula not tie
win MN until he naa settled with HIS brother Corue
lIus; that honor was more to her than money.
Tho was then adjourned until FRIDAY.
PARK Dn.PAR RIMnNT