New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1891-06-20
CHANCES HERE AND THERE.


interest In. And am told that Hike Illustration are Of
frequent occurrence In the courts, and indicate nothing
worse than indifference to the past or Innocent forget
fulneSs
The case that OF Harry Allen against the cx-
ecutors Of William H. Vanderbilt Mr. Allen Is the son
Of the sister Of W. H. Vanderbilt. in whose name the
contest Of the will of Cornelius Vanderbilt the old Com
mOdore, who left 100000 10 each OF several children
and S125.00oO 900 to william II. Vanderbilt was carried
on In the compromise of that suit william ii. Van
derbt agreed 10 make the original bequest TO the other
heirs round 81 600 900 each and to pay to Mrs Allen
100000 over and above the amount paid any Of tile
other contestants evidently 10 reimburse her for legal
expenses she had ncu rel. Ts agreement was carried
out. ii there was any contract between Mrs. Allen
and Mr.. Vanderbilt by which he was u pay her any
additional sum, Mrs Allen 10 have forgotten 1t
and died without recalling the interesting agreement
there any. Harry Allen never heard Of II until three
or four years ago. and he didn't seem, when on the
stand to remember clearly where he heard Of IT but
rumOrs, he sw0re, bad apprised him that william H.
Vanderbilt In the settlement OF another suit brought by
Cornelius J. Vanderbilt had paid the latter an ad-
latter's debts tho Greeley estate aud to Eplram
Simmons the lottery man, aud George Terry, gambler
who had becnded COrneelS when his father was dlsci
plinng that rather rapid youth the attempt TO
prove tbs contract which brought out the Illustrations
Of treacherOus memories have alluded 10.
The first witness whose recollection taxed was
the redoubable Smith NJ. Weed, the friend who got
left recently by Governor HILL and had been similarly
was Jealous but unrewarded adherent. He was one
Of the attorneys Of Mrs Allen, who acting for her
komlsed the and received 100000 in bonds in
settlement Of all Of Mrs. Aliens claims lie did not
recall where the settlement had been made. He had
no recollection of the conditions other than the
amount paid. lie did remember making d written
memorandum of the terms agreed upon but recognized
the document when II was shown 10 his own
handwriting. After reading IL over carefully he still
failed to recall any talk Of contract 10 pay Mrs Allen
any additional sum other than the 100000 for her
al nd hat had hfsu
but he did rccolcct that It was paid at tue New
York Hotel
Sir Weeds sometime partner, ex-Judge Mathews,
afterward Dock Commissioner, was next called lie
was present at the settlement Of the Allen suit saw
the money paid, remembered the sum was 100000
in Lake shore bonds then little below par conf
dent there was but meeting between his firm and
Mr.. Vanderbts lawyers and that that took place at
No Pnost., his Office, and not at the New York
Hotel and the witness very much surprised TO be
confronted with his written memoranda of the two
meetings. Even then nc was not sure there was more
than one meeting, and forgetting, lawyer tOugh nc
was that the rules OF evidence forbid witness 10 re
fresh bis memory by conversation WIN Spectator III
the court he earnestly appealed to Chaunccy NJ Depew,
witness for the defence, saying: "Depew; have you
any recollection of meeting the second time ~ VI
course that raised laugh at Nh. Matthew's expense
samuel Sinclair, formerly the publisher Of The
Tribune under Mr.. Greeley said he lad long con-
ve1saion with William H. Vanderbilt. at which the
latter agreed to pay his brother. Cornelius j. Wander
bt s. O000 900; but he could not recall the date or
any of the details of so important conversation lie
could not say whether It before after the actual
settlement! He could remember only the general pur-
port of the talk in the promise 10 treat CorneeP Just
AS the other heirs were to be treated But the next
witness Ethan Allen, the attorney Of Cornelius J.
Vanderbilt, who not present at this talk recol-
lected ali about 1t from what Mr. Sinclair had told him
the day following the incident AID be produced writ
ten data to show the dates. But he could not tell
what had become Of the legal papers IN case involv
LOO
record ard COUNSEL
Thereupon. to show the disappearance Of these i'm
portant papers beyond the jurisdiction of the court.
Scott Lord. jr. Of the counsel for Cornelius J.
Vanderbilt, was called. lie knew that his father had
had such case in his hands thought he had seen the
papers lying about the office but did not know Ger
tay what had become Of them, though he thought ii
probable that they had been shipped by him 10
brother in the West. Tlerenpon Judge Peterson, who
showing irritation at the manner Of counsel
In proving the case, said "Why not show this by
scott Lord7 Call Lord himself" The Judge had evil
denly forgotten the recent death Of this once prominent
lawyer and Congressman. " But the man Is dead
said the attorney for Allen, also somewhat nettled
a can't call him from the other world The Judge
laughed with the others at this ard sad dryly 1Ou
may properly 81 lie that-and safely, think" Just at
this noInont Mr.. Aliens attorney seemed suddenly to
conclude that II would be good point to prove that
scott Lord was really dead and he turned 70 the wit
ness and asked " Where IS scott LORD now - The The
time. to hear him say, Il forget"
There was a witness in court who not called. but
who aferward said that h. had been summoned to
swear to a statement that Cornelius j. Vanderbilt had
given him list Of his debts which William II. Wander
bit was 10 pay, and that they aggregated $4,000
and that lie present and Cornelius and Scott
Lord pay each OF the Greeley heirs $4,000 In final
liquidation Of the debt to Horace Greeley. a refer
ence to The Tribune files. IN which tho witness had
published account Of these incidents written the
day they occurred. showed thai the debts aggre
gated s;}OOO 900 and that the sum paid each Of Mr..
only. All these lapses OF memory to big money
transactions with Important people had occurred after
only twelve years time had elapsed for these settle
ments were in May. 1870.
There are two other instances l recall" said a
tleman to whom these facts mentioned. jay
Gould a witness In lawsuit years ago. in
which he testified to paying S10,OOO,OO0 in lump sum
for property, really forget what. When asked
TO the form of payment Mr. Gould said, Il am sure
II was by check, but whether it in check
in two, for 100000 each don't recOllcct.' The
other instance was when the late Commodore Vendcr-
bt was a much-vexed witness before ~ onic.ous
coroner holding an inquest the victims Of
disaster Oh the Hudson River RailTOad. of which Mr.
Vanderbilt cOald have personal knowledge. MIR.
Vanderbilt vexed at being needessly called, and
when asked how he heard of the disaster replied with
some SHOW of irrtablty that telegram from the con-
ductOr Of the train had apprised him but he could not
which the dispatch sent, and near which the col
llsion had taken place, nor the number Of killed and
wounded reported 10 him. Why, what were you doing
at tie time asked the surprised coroner 1
playing whist replied the thoroughly irate Com
inOdOr., land let business nttferc with the
game j guess the witnesses IN Allen agt. Wander
bits executors have had games on hand which inter
fer sadly with their recollcct0ns Of the business which
inter ted them only IN 1879. and does not now, IN
1891
Why are not speakers and writers more careful
about their quotationsl" asked one literary Of
another. " In my own work find it unsafe to trust
10 ny memory, even % the most familiar lines Of
poery and much less 80 to prose. The only rule
Is 70 verify every time, for In quotation believe that
on authors precise words should be given and his
runctuation savishly followed. Any conscientious
editor however, VIII tell you that not one writer In
twenty probably not in fifty exercises care on this
polnt listened to an address few evenings ago by
an eminent writer aud lecturer which Pleased me
greatly except that two lines OF poetry that he under
took 10 quote both misguided. one was the