The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1879-03-21
vANDERBILT's VALID WILL.


TEsTANTs CoUNsEI--INrERvIEws WITH SCOTT
LORD AND ETHAN ALLEN-THE NEXT STEPS
TO BE TAKEN-THE END APPARENTLY NOT
YET.
In the lobbies OF the Court House and in the law
yers' Offices yesterday, Surrogate Calvins opinion
in the Vanderbilt will the leading topic Of
conversation. The parties most deeply interested.
however, the counsel for the respondents. upon
whom reporter of the HERALD called to obtain their
views on the matter. Mr.. Scott Lord. senior coun-
sell said:--'I have always avoided reviewing the
opinions of courts except upon appeal. and must
decline to do now" Being pressed. however in
regard to certain statements from the opinion pub
lshed in the morning papers Mr.. Lord said:-"It is
matter Of regret to me that the whole opinion
net published. for the unpublished summary of the
evidence made by the Surrogate goes very far to
weaken many of his criticisms He hal the right, of
course express his conviction to the weight Of
evidence. and have right to critcise his conclu
sions in regard thereto in the newspapers; but
when judge takcsf upon himself to give advice as
to the prosecution Of witnesses and to assume. in
gard to the evidence he had excluded. that the
offer of testimony falls far short OF reasonable
presumption that the facts alleged exist he GER
tainly shows disposition not in harmony. it
to with that judicial fairness essential to the
maintanance Of respect for courts of justice. 1t
is true tnat counsel are sometimes mised by tho
statements of witnesses and in such case can ONLY
nc has b.s, dor. ,v +,;s c,.o u,t,dr. ~. r,d.,,..
20 w "''A ' - vans e' "A'A'"" 'ne 1Aonoe
offer OF evidence; but when offer is made with
the witness on the stand. and the evidence is ex-
o,rdoa ~ 90 not eor +ha fo,,rt e. os,r,a .h.. a.,
testimony would fall short of the facts alleged to
exist. SO far as the opinion ntimates or suggests
@ Az ~ sai - s ,sttr,. t 10y
80 Iar as u inmases or success Una. any evidence
~"S 49, o,,a.or,;sas, - !; ,..r sais aS "'
ii ust 'onp'o'So' 40 "''e'i' ia''e 'Au un-
Ir,,o,, ,,o;, oseod 20 ~. .hor,d .,,no., NJ c...
Torf ra,l;aSS .sT have not yat co3torrad ,v;+h ~
client -3'' NV ~ So-'-'oN ~ 10y
Tn re,y 80 ~ r,arta' I,,astnn .wh. a.
vonr views n reaard 20 the snrro"atas onin;on 81
Mr. Ethan Aiar rep,icd .Tba Secis;onp 81 Sthe
Srorata o !. -; ~ -. uso .,; % .e
J;d not s,r,,r;sa co. ra ra,,rd 20 his;
snatain' the will ~ 10 nnrassart A. ali t;,rss tn
cr;ticsa jr,aa unon tho poneh ne ha COZ, ~a,,or
Ia ali ] b t;e .hi d; ne orn me'er
partisan IL it, tone and 90 ,,rnacesssrIv nersonaI
that falls below the judicial character that should
rha ,,orscneI sHnsa ~ th ,v'tnsas Me- Ctoddi
and Mrs Stone-is particularly reprehensibie. OF
were had and the S,,rroyatn was instiaed in reject
IN" her festimonv 10 lie ehose Int 70 accnsa be s
"rcd NV, v th U i tUos t H S o no,,d m at
hnl,, tostier;n., ;" sac+s ,,;tI;, No.. rno,vio1o
haou ,><s,yor
tha Cnurt ~ ,,at $500 ~ tn 49, and th im %
In resar to Mrs Stone from ali that Know ~ hsr
and from all that appeared on the witness stand she
;s ;,et as roa,sactahIa .~S ;r,nnroach.h,a ~,
,yo,non in the citv ~ Nsr yor ifnr r,;sfort,,a &;
thot she ;s ,,nor syd rxs ~ IT,; a,d i,,o
can hariivp conJa, srt;nnti ~, a "a ,ae
snch ,ynya, az hrnad os that 1r.Sa =, sh ",,;r;o,
Of tha s,,rror..a VIA, 80 M S;.t;r, ~ th;s
abuse ia defsnce,ess ow;nr IN hcr nov.rtv
She ia referred to as Coming into CONT
from ber villa assocstions and han11ts ~ ;rfa,nv
Whereas in the ev;Jcnc thcrs 10 nnthnr 70 shor tEa.
she WINS rccusah,a of sitbar ons or tIo eshs- r.rr
WAC not narsonailv avrora ns the .ource xuhancc
either Of these w.iti,esscs WAS nrocnred In fact
did NOT know az their names or the evidence ti,ev
We're To Give nnt;, Il fe from their ,ips ON the VIII
ness stand. Inf having snhsesmantivP heari ~ the
wicked nersecmtions to which Mrs Stone has neen
snccisi,y snbccted have learned from nor;rv that
she is in ali Respects reputable woman There nav
he snmoth,ng rranI and hsrnic IN ha;r. 1asIou. ~
placste the bower of iumcnse wealth but those who
10 r. shonid reco,Iact frat even tho roorest h.vo
rights which thew are bound 70 res,ect --'o
EVIDENCES TO RE s,ynM1rrrn ErnrArrrn
.Was the Srrogata's critc;sn of the evidence fair
and iustY"
..The evidence was very vo,uminous and the onin