The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1877-12-05


opinion OF physician Well, having got that which
is mere opinion. they point to an Inference to DO
founded that the tesator was not IN perfect health
when bo is proved to be IN perfect health--an
inference against a fact. Now there is very
broad chasm between illheath Al ono time and per-
feet health at the other time that the In ference
inisr agaius, a TACT known Now, il tho counsel
here 's On the oorroSorasion Or some.hinE that
has not been proved AZ all and without
any proof OF ,he main TACT wnscn nsssdsa @ cor
20 evidence OF the fact which 10 sought TO be proven
submit that We ought 90 have some evidence q me
main fact then there Ia not proof enough or " II
loose these other facts might be brought up in sup
90 disMnselshsd 70 stand W hses apd roll Nom his
tongue again and again the declsrsssea that certain
oconrSsd s.D months amer The vii was mado and
he finds duty 10 tho fact that tho codicl
executed SIX months after
Mr. Clnton-Do you want to vacate the codcil that
detracts from the donation Mr. Cornelius vanderbilt
has already received. M
Mr. Lord--Hc knows the question 10 not pertinent
We expect 10 provo more than mere opinion. We
shall prove that witness examined the living body Of
the ans W n % ssow about Is aua
arged prostate gland existed many years.
The Surrogate-I think IL 10 cornpetens for You 10
provo tho existence OF any disease at The time you
speak OF which can reasonably be said to have K
listed and had It's effect upon tho mental capacity Of
ia 10 he followed By proof that tho character OF the
ease was such ~ 10 affect the mind.
Mr.. Clinton-I raise tho additional objection that
counsel the other side should ~ hrst ask the W.T.
whether this disease Affected the Commodore's
mind at all, and then II Il would have affected his
mind at the time the will was made.
Tho Surrogate--You cannot dictate the mode OF ex-
animation the other side. say. In advance, that
unless they prove that that disease was OF such q
character as TO affect tho mind the testaor all this
evidence can be stricken out s8Is#4
Mr.. Oomstock ITO Mr.. Lordl-wcll, are away, Judge
Mr.. Lord TO wilness)-Y0u may state what occurred
between you and the Commodore.
Or. Rodenhamer-I had an introduction 10 the
introductlon; we mad no conversation; my first
visit was whom he sent Tor me as
apad no said Doo.or have son. for You no. BE-.
cause am suffering any more to-day than | have
Tor some time, but wish you to make thorough
myself too long already;' he seemed on that occa-
sion TO be somewhat depressed-l noticed that; he
then commenced 10 relate what his pains were;
ho said, Doctor, have frequent calls the efforts
bel ng % nful and have the plles then proceeded
TO question HIM IN relation 10 MS general health ne
his chest and his abdomen. and ! found his respra-
ton circulation OF bis blood and the temperature
OF his body Drmal; he SAID that ne had hernia,
whicb examined; asked HIM II II ever descended
into the and understood him TO say that 1t
rHs GREAT DECEASED rAkEs AN APERIESr.
Mr. Lord-State what occurred AZ the second inter.
DR.. Accommodation leaving requested him
to take an aperient IN. the morning that could
make examination; returned the next day, found
him more cheerful and proceeded 10 make the sxami-
nation first by the finger, then BY the sounder and
then by the spcculum; found q portion Of tho
prostate gland ENLARGED and could feel distinctly;
small; ! could not ascertain the Dimensions OF the
lateral lobes by the finger; could discover that by
dition did not think II prudent TO DO so. (Here
the witness assumed the manner OF . PROBES
ELECTED the smiles of The lawyers as he graveiy con.
tinuedl then used the sounder to examinc the rec
ium; the rectum is the lower portion Of the allmsn-
IL is not altogether str Aight but 10 perhaps the
sraghtest OF all the portions OF the amentary canal
/ found thore no structure OF the rectum, he
did rot complain Of the examination hurting hun; /
then used the speculum opening the canal Tor i've
inches IN good Light could see The enlargement OF
tho prostate gland; 1t appeared very much like boil
tumor; on the third visit there Was moro protru-
sion aud saw The juniors; there were three Of them
my thumb; they not painful to the touch
ana did not bleed Oh that account did not attach
somewhsl xious TO have me remove Them. and
said that II everything was favorable would operate
on him the next day; We met The next day, Dr. Lins-
ley being present. but on account OF the nsgnhcance
OF tho umors aud their being oil very little trouble
determined not 70 remove them.
CLAIRvoYAxcE
Mr.. Lnrd-Did you have any conversations With
the Commodore about clairvoyance?
Mr.. Clinton-The clarvoyance did not have anything
TO do with the condition OF the Commouore's " pd.
If that proof insanity. raise the point that the
couases client Is insane and. therefore, he caa't 60
DR.. Rodenhamer-On one occasion after giving tho
Commodore my diagnosis Of his case be said, doctor,
knew u lady Lu0t cOulu 90 mucu UeLteE tDan you
doctors; she could diagnose without seeing the pa
tient; laughed at the idea; SWELL" says he, II can
give you proof oft; had sustained an injury by
bong thrown out oil my vehicle; had daughter
living at Staten Island she heard that was seriously
injured In some way aud immediately started to the
city; when sue camo TO the Jerry there was no boat
there, aud visited Mrs Tut ttho LADY he spoke
OIL; She told Mrs. Tut that her father mad
been seriously injured and she was on her way
she had called 10 see hor . lew minutes; Mrs Tut
asked her whether she had locket OF the Commo-
SHAVE you anything Of hs2" says she, ~ have
nothing but . immature likeness OF hun; "Wen,"
her and she Immediately placed herself In a mes
mertc state and commenced manipulating her
person with her hands, commencing at tho ieet and
gradually ascending and as she touched the forehead
sue threw her hancs out and said 'Ohl" laugh orJ
and tnen said 10 the Commodore's daughter, 'sThe
Commodore Is lying insens,be aud tue doctors that
be; they at loss whether he will ever
return CONSCIOUSNESS but by the time get there
the Commodore will be CONSCIOUS and he Will be able
TO speak - she I'm mediaely proceeded to New York;
hcr father CONSCIOUS and spoke to ner: he had
recoverod stnis" SAID tho Commodore Inc, "is the
evidence, and my daughter told IL to state 1t
to you. Doctor;i he SAID that proof that
this woman knew his condition better than the doc.
tors VINO were attending him The Commodore looked
me and aidD't have word TO say; Let IT 20 by
aofauit QauGnter: there were other instances, bat
MIR Lora-How ollen did you talk with him on tnat
snbjcclS
Dr. Rodenhamer--well, not often, found that he
telling me That he laughed himself about ~ ne said II
WONDERFUL thing anu ne coulu MOI account Tor H.
Mr.. LOrd-Do GU recoiiect tho time when Dr. Weel
ca, led iny
DR.. Roaenhamer repncd that he did; DR.. Wee was
called IN AS "rub0er," witness nad no objection 10
the Commo tore oeiug rupbcl. PROVIDED no iinilnent
used 10 rub ulm; Dr. Wool sad tie used prepare.
ton vi har,shorn aud campnor 10 rub tue patient;
witness SAID he strongly objected 70 tuis, 'and
that was before the Commodore, TOO" he added.
(.aughtcT) DR.. Rodcnhamer testified that al ono
lime the Commodore touk mold of MS nand saying ne
wanted 10 get elect rici'y from ann, when the Doctor
augnpgly replied that that would do, he would
be taking ectricity from the C0nnodore At
another time tho Commodore said TO him, doctor,
Cod Almighty gave me good judgment, emu acted
contrary 10 that when submitted 10 uavo my urine
drawn.n aHgs
Mr. Lord-Do you remember a time when hc de-
scfibed to you y certain suffering ne had cndurcuy
DR.. Rodenhamer-After ceased 10 attend him as q
physician visited him as TREND On ono oil these
yslis on the Atm oil June, he seemed glad 10 see me-
anu SAID, doctor, since l saw you last II all tho
devils in nell concentrated IN those parts my
kinney could not nave suffered moro. Ny sunerings
have beon incense"
Iprd--DO q FcCocCt month of O.