The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1877-12-05
The Commodore's Head and Brain
Not Dissected.
LONG ARGUMENTS.
An Effort to Exclude All the Evidence
OF the Doctors
A QUAINT WITNESS.

contest the VIII OF the Inte Commod0ro
Vanderbilt caused by the effort OF his daughter. Mrs
La Bau the Will set aside, Was resumed yeser-
day before Surrogate Calvin Several weeks having
elapsed since the last hearing of the case II had
PASSED out OF the public mind, and result there
we're but tow spectators present. When the court
was opened at eleven O'Clock MI Scott Lord
and Colonel Ethan Allen only appeared for
;he contestant, Judge Jeremiah Black, the senior
counsel being, as Mr.. Lord explained, called TO Wash
ington by previous engagement Mr.. William H.
Vanderbilt was seated with his counsel, ex-Judees
Clinton and Comstock, and his friends Mr. Augustus
schell tho Tammany sachem, and Mr.. Barker, his
broker. After the audience was increased by
the presence of ex Governor hoffman and Cornelius J.
Vanderbilt
Dr. Jared Ainsley, Com modore vanderblt's family
physician was recalled. He testified In answer 20 Mr.
Clinton that dissection was made Of the Commo-
dore's head brain Al the post-mortem. Mr.. Lord
examined witness At length about the relations be-
tween the deceased and his children, their calling to
see him during his last illnoss, and SO on Nothing
elected
Dr. Lewis A. Simpson was also recalled His test.
mony was In corroboraton OF that given by DR..
Lnsey to tho effect that dissection Of tho head
and brain OF Commodore Vanderbilt had been made
THE TESTIMONY
Witness was then handed brief document
titled "Results of The Examination OF tho Body OF
the Lalo Cornelius Vanderbilt"
o. wit ask you whether this Is the only record
signed by you and DR.. Satterthwai,e? A. There was
copy Of it made, think, Tor Dr.. Elliott and these
we're the only two signed by myself and Dr. Sat-
tcrthwaite.
BY Mr. Lord-This was handed to DR.. Linssyf
A. Yes, sir.
Q. DO you know who prepared the more elaborate
statement which read here tho other day2 A.
presume Dr. Satterth waite; part Of It was copied
from memorandum OF my own.
O. So tar as you know II correctly copied?
Mr.. Clinton objected 10 the question. He commended
that the other paper referred history Of
the case written by DR.. Satterthwaite.
Surrogate Calvin held that the document referred
TO only used as a memorandum by which wit
nesses had refreshed their memory and not in
evidence.
Mr. Lord recalled DR.. Linsley and offered to put in
evidence the official statement OF the cause OF the
testator's death furnished the Health Department.
He claimed that by special statute IT was made evil
dence. The other side objected. and the Surrogate
ruled 1t out
DRAWING THE LINE
Dr. +. d. Buck was called and examined by Mr..
Lord he testified that he has practised In this city
Tor nearly two years; was present NJ tho autopsy and
;ook OF the condition OF deceased from his
observation and from dictaton. Mr. Lord directed
him TO state what he saw upon that occasion.
Mr.. Clinton rose 10 object. At the time inquiry
was FIRST made with respect the autopsy, counsel
Tor proponents were not informed In regard to what
was done nor in respect to the extent TO which dis
section had been made. Not knowing what might be
deveioped-not knowing at the limo but what tho
reasons, they thought II proper not to inter-
pose an objection At that stage OF the
case The fact had Just now been developed
CONSIDERED the evidence entirely nadmissDle for any
purpose whatever. Il was not admissible tor the pur
pose oil proving undue influence Tor tho purpose OF
establishing insanity or mental incompeency. 1t did
not even bear upon that question. All tho autnori-
lies hold that matter resting In the discretion
Of the Court as TO how far inquiry would be per-
nitted to extend before and subsequent to the
execution OF the instrument IN question order TO
determine the condition OF mind at the time was
executed. That discretion should be applied to each
IT arose he no rule upon the subject OF
how lar that discussion was to Co. The authorities
LAID down that each case should be judged by its
own facts, and the inquiry would be governed in
great part by the OF the malady sought
10 be imputed To the deceased In the present
when 1t was shown not only by subscribing VIII
Dcsses, but by the testimony Of the witnesses pro-
duced BY the other SIDE whose credbiity vouched
for, that he had been the physician aud confidential
friend oil TIE decedent Tor period Of ioryseven years
and that during that period there had been change
In his mental condit'on, but that his intellect
clear and bright down TO the very period of death
In u case ike THIS whore II appeared that there
mental malady OF any kind whatever it was very
clear that u was not case for the Court 10
exercise us discretion IN extending the limit any
great extent, either before after the execution OF
the Will propounded Tor probate There
ways OF proving nsanity-one was by calling lay
Witnesses, those not physicians, and establishing
facts when within her observation. These
Witnesses could characterize those facts rational
Irrational; they could lot give an opinion
ss experts that the person was OF sound or
Of unsouud mind Physicians who have seen
The decedent In life may called to give opinions
experts IN respect to his mental condition. rne FACTS
may be proved by lay witnesses and pnyslcians may
be called aud asked III those iacis are true do they
prove nsapiiyP' These were tho waysin which IN
sanity was proved Ihe contestunts IN tho
present case, however, alleged, hrst. m
SAMMY, and, second undue Influence This
latter. aud therefore, Mr. Clinton would discuss IL
u core upon The former VIVA, possible relevancy
creton Ia the interest by law and In the interest oil
justice Il there had been the slightest trace OF In
sanity u could be proved by scores of persons who
saw the deceased IN life. There could be reason
tor going INTO his physical condition, as de-
veloped by postmortem examination. Who're
direct evidence could be obtained, remote or IN
urect OF little value III the present
y case u there had been the slightest disposition to IN
sanity " could be shown by any OF the previous wit
nesses The testimony was ample. 1t WAS shown that
the decedent up almos TO The period oil his death was
~ the habit oil constantly trahsactng large bus ness
In case ike this especially and. indeed, SIR. Clinton
claimed, IL no case whatever, could counsel Inquire
Into post mortem examination made two years or
eighteen months after an instrument WAS executed.
His Honor would bear IN mind that the
Will executed in January, 1875, and the codici
In June, 1916. the teslatoris declarations before
sud after AS Immediately surrounding the Transaction
might gwen in evidence. Surrogate Bradford, Mr.
Clinton recoHocled, SAID in one case that while these
declarations we're frequently admitted, yet IN the case
ono who was shown to be OF strong mlnu-that was
In The Case OF undue innuence-tbcy were Of con-
,equence whatever, for the reason that the person
might not be willing TO disclose the facts Of the Will
surrogate CALVIN Interrupted Mr.. Clinton TO point
Out the distinction III the case 10 when he alluded
Ibis was thai where tho declarations after the cxccu
Gob " wv VIII 70 uuuuc lhHutuCv thc SouTt
held that that might not DO excluded, because II
not slated under the sanctty Of an oath but that
where any declaration by deccas,d which Indicates
That he did not understand tho win or that he had
made different VIII rom that propoundod II re-
Dectcd upon The question OF mental capacity at tue
lime when he executed tho Will and therefore was
competent
Dir. Clinton claimed that the peculiar circumstance
Of each case must be considered. What reason
lhcre, he asked Tor departing from tho ordinary
modes Of proof IN tins case 1t might DO that counsel
claimed he Obliged 10 proceed en- necessuotus In
the cuso for the reason that there nos any EVIL
demo. showing any other OF mind III al That OF
togndn,ss Ifthcre we're any sucn evidence u should
DO produced and tho party shouJ first prove some IN.
sanity. soms tai weakness, he should prove the
charge There was no ground upon when that test
nony could be admitted. lhore was 10 evidence 10
show that from time the Commodore able to
talk--lrom his earliest infancy 10 his death hat
there was any weakness OF any kind II the testI-
mony oil contestants tended 10 prove anything IL
TINT the Com modorc had been insane from his birth
a was necessary TO prove some change Of mind a
could