The New York herald., 1877-12-08
The Great Legal Contest Continued
Before the Surrogate.
MOMENTS OF IRRITABILITY
More Evidence of His Pains, Aches
and Distresses.
A MAGNETIC HEALERS TESTIMONY


Court yesterday at eleven O'clock the time Tor the
further hearing OF tho Vanderbilt will case. Mr.
William H. Vanderbilt and his lawyers hand
promptly. Mr.. Cornelius j. Vanderbilt was also In
attendance early. Mr. Scott Lord nearly half
hour behind Almost Immediately after his arrival
Surrogate Calvin took his seat, and tho examination
OF DR.. Bodenhamor was resumed. Mr.. Clinton con-
Quoted the examination and asked only low ques-
tons before closing the direct testimony. AS tho
progressed the audience increased somewhat,
but the interest was by no means thrilling up to
cess time. Until then DR.. Bodcnhamer was tho only
witness under examination. A recess OF over hall
hour ordered shortly before ono o'clock, but
when the Surrogate returned TO the bench at
hai-past it was found necessary to take a
further until three 10 await tho arrival
OF tardy witnesses. Nearly the entire afternoon
was occupied a discussion tho admission Of tes.
tmony respecting certain alleged declarations OF tho
testator shortly before his death 1t finally detcr
mined to withhold judgment on the points at issuc
until the next day Of the trial. The witness whose
testimony proposed to introduce called herself
u .msgnetic heaer' and says she attended the Com
modore his last illness Whether she will be per.
mi,ed to tell her story not is yot TO be decided
Below Is an account OF the days proceedings
rHR PROCEEDINGS.
The first witness was DR.. BodeEhamer, whose
Q. DIR. Bodennamer, at the time you visited CON-
inodore Vanderbilt during his illness what was the
condition oil his mind; was 1t sound or not in your
opinion? A. His mind was clear and his perception
good, as long as treated him.
Q Did you ever know moro clear headed
mana A. Well, don't know that evor did who en-
dured SO much suffering
Q Al NO time, even during hts severest paroxysms
OF suffering, did you ever see him when his mind was
not clearf A. II was always clear
Re-examinod by Mr.. Lord:-I have seen Commo-
doro Vanderbilt iu several excitements especially 30
II he were rrtated; can give an instance in which
was concerned and whore was rebuked by the
Commodore; II occurred In this way: sitting
together in his room and he got up suddenly and
walked away; as he did SO l and turned my
back toward him and walked round the room; in
walking there was some slight made by tho
movement oil my chair; the Commodore turned round
ana said, Doctor do take seat, you distract me;''
deserved the rebuke and could realize his feelings;
also recolcct similar instances in which DR.. Linsy
ana myself were In the with him; desired tho
Commodore TO move from one side OF tue bed to tho
other; knew that he could do IL without a. yDody
assisting him; Dr. Lnsy doubted It, ana ran quickly
TO tho other side OF the bed TO hep him. the Commo-
dore then turned round and sad, 'Lot me alone /
can help myself" there was smother instance which
i
dered hot clotns TO be applied 10 his boay, and
they were appiiea; DR.. Lnsy thought that II
oa. snd brought IN a gum elastic bottle winch was
made Tor that purpose; the bottle containing
hot water was applied as well a. the hot waller
cloths: ut hrst the Commodore did not notice IL,
but presently, when u got warmer, he put his hand
behind and feeling the bottle said Nv nat's thisP"
and seizing threw it upon the floor; tue flew
out anu the water was spilled; II just passed ny DR..
Lnsi, . lace, who then walked out vi the room tnere
was an Instance in which the modors Shove
| riutIo Ia IL Ar-
dru-wenl INTO a room and UNEXPECTEDLY found the
Commodore there; he Manifested ON that occasiou
very imuerious manner and NC might have said 10
the Doctor "Damn you ;" but am not certain he sald
sometnlng like that; do not rccosct the precise
language; noticed that the Commodore was fre-
auently troubled with erucatons or Delchings aud
asked MN III relation TO II; he reped that he
no; frequently troubled with H. but thai
lie hts H. aud he sald rhe doc ors tell me II IS
indigestion what do you think OF tfn "We, said,
81 tn,nk is nervousness always ind that you have
these nts whenever you seem depressed, or under
the influence Of the 'biues'" The Commoaore replied,
eyes have cause TO have a good DEAL" told MIN
that II was something like Mysteries IN women He
said. ..Wel you may be right about that" did not
find MIN oen IN tnat depressed state. probably some
nve SIX times during the months visited him !;
that was IRON the 8th OF Apri to the I'D oi May |;
after that saw him but seldom, and | do not recol-
lect seeing him in that depressed condition after that
BRIGHT's DISEASE AGAIN
Tho witness was asked reference 10 whether GER
tain indications oil disease with which the Commodore
was afflicted show tnat he had been suffering from
Brighps disease.
| Surrogate Gavin said that the medical men who
made the autopsy were oi opinion that Inc Commo-
dore did sufer from Brights disease al all, ana
the questions were alphabetically put IN order TO AS
certain whether there WAS any evidence In tho case
that the tesator had suffered from that disease. he
would therefore allow the question
q Is not Bright's disease, when IL Is chronic and
ater stages IN many instances, Irritating ana
painluI2 A. ON yes; but you don't ASK me II he
had Bright's disease
O 30 not protrac,ed sunerings, pain and irritation
sometimes result IN insanuyY
4 Mr. Cnnion objected TO ths question aud sa that
,herc cviuence OF insanity. All the evldcnco
was the other way He objected also % the particular
question: II called ior merely an opinion. whether
gwen disease might or might not, produce insanity
Surrogate CALVIN sad tnat THIS was vital ques-
ton ~ TINS case aud ought not to be atiem pted
10 be proved merely uron the evidence OF
\ what the condnIon OF the testator might be unoer
various DIS es, and that he ought 10 rule that the
question Was not competent al present ana was not
found d upon evidence that hau Dcen aiauccu up 10
lie uro MT stage Of The case. The question excluded
q 10 sucn suncrinss, pain ana irr tation as ac-
COM auy cnronic cysicis ara proiapsus AM tend TO
imp,ir the powers oi ihe mindY
II Question exc uded un der tue same ruliug.
/ d DO not such sufcrngs, pain ana irritation that
attend these diseases tend TO make many men believe
| In deinslonsY
Question excluded.
| cLAiRvoYAyTs AND sPIRITUALIsrs.
O. Did not the belief oil Commodore Vanderbilt that
n person looking upon minature likeness OF an in-
iured man many miles away could tell the precise
point Of hrs injury, when he was unconscious and
when he had recovered from such unconsciu uusness,
belief in many similar Instances, show weakness and
nm impairment Of mindf
ExJudue Com.tock objected, stating that he had
bccu present many clarvoynnt aad spiritual mani
festaloas, and he had no DOUBT that the Court had
been present also.
| surrogate Calvin-I am very happy 10 say that the
Court has never been In any such places. think the
wi,nrss snouid be asked whether anything that The
testator said witness Indicated any belief In the
maller rctef red TO- The witness may answer that,
but nave laiied yet catch the testimony that ndi-
cal les the had latin IN any pretended reve-
at,ops The with, had better repeat wha: he said.
wllness--l will certainly say that certainly believe
| that he believed IN ".
Mr Clntou moved TO strike out this answer and tho
Court 30 ordered.
o. STATE what The Commodore said2 A. ! only re-
| co iect his stating that once.
| nv the Surrogale--Q. Was thero anything else that
| the Commodore saiu to you on the subject as to
whether he believed IN clarvoyancc2 A. Certainly, he
| said he beevcd IN H.
| surrogate Calviu--That settles the question
| M,tness--Wel would not Ike 10 say that; Il
would IN my op,niou because there are many INTEL
iipent and in tellsctuai IN this country who DO
| Iieve the Same thing.
o. Do you think II evidence OF any weakening Of the
| mindY A. do not believe IN any such tning
| A sCR8w Loosk
By Mr. L0rd--Do you understand the question
boliei IN that DO wer, or theVryis II any evidence