New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1877-12-05
THE TESTIMONY.

THE TESTIMONY.
The counsel i'm the Vanderbilt will case, eX-
copt Judge Black were all present yesterday but only
small number of spectators was IN attendance Or Jared
Iinsly testified that he was present AZ the post norton
examination Of Commodore Vanderbilt and that no OK
animation was made OF the head or brain From 1863
10 1879 he made no professional visits upon the DO
ceased man, EXCEPT IN 1870, ON account Of slight rur
ture DR. Lnscy said that during his last illness, Mr.
Vanderbilt frequently ms children and alone, but II
was recognized rule in the house that no one should he
admitted to him without his permission.
DIT Francis ID. Buck testified that be was present at
The autopsy and took notes Mr.. Lord asked what he
saw al this autopsy.
Mr. Clinton objected. He said that the fact had been
developed tho trial that the brain had not been ds
sectod and this testimony could nOt be admitted as u
did not bear on the matter OF mental capacity IL would
bc absurd he said 10 allow the such range. II II
were possible, by postmortem examination, 10 prove
that the dacodent OF uusound mind then the teai-
mony would he admissible, but the exact opposite had
been proved. Nothing could be more in violation OF tho
rules OF evidence than on attempt to show insanity
through tie state Of the nesunes' TWO years a'ei ne
execution OF a will
MIR LORD said they claimed that the decedcntlaboTed
under a mouomauaa 20 the Transmission Of property
and was subject undue influence. They proposed 10
show that iOr five years previous to ms death Oouio
dore vanderbilt was subject 90 several disorders and by
testimony Oi BOOKS ana tANctth ioFtu ihah el
tnual anguish ensuing therefrom. must have Affected
the mind.
Judge Comstock said the trial an extraordinary
one having proceeded for several days without de'
veopng any facts that ground for such eohIesr
The whole world astonished that such aheSt'iohs
were made tho trial went ON, and was serving It's
purpose in catering 10 morbid tastes ana carrying anc-
tioH m the direction intended But 1t had alarmed
community and the question now was, VINO can make
Will
Mr. Lord SAID 10 was mOnstrous proposition to ask tho
count 20 change the % the examination al ths
time When previously the other side offered no Opp0s-
tion 10 the testimony produced instead OF hOt naVhs
proved anything except the medical testimony, ne cor
tended nat the testimony OF Mt Alien showed PLAINLY
the undue influence which mad been exercised oNer 'no
deceased man. 49,.
10 prove ny an autopsy that me dgceueni Wa oi uh
sound mind. but the great trouble was that the
evidence had been begun 90 The wrong eid' anu me o
la unsouuness had not been shown. Atauy Iac ehOud
any testimony De- offered tending % degrade me chac-
OF The deceased man. lie should deem IL right 70 eA
omde IL
Lord, and Surrogate Calvin hnay decided ta Ia Oruti
that the tiHl Should ne hed III an oIHtil5 @ o
conduct OF the should not now DC changed. Inc
rea question 81 issue was whether The deceased man
was O usouud mind prior 90 at the time he made MS
will Upon thca,surnce that the line OF medical tesii-
10 direct change OF tine order OF proof SUBJECT now
ever, a renewal OF the Application III case u should ne
DR. iucs savc "A tailed description OF the external
aud internal aupctranre of tue COmm0durcs body Its
spleen ami liduCys we're contracted. wAcu COME
fin tse rsult of i,rigns disease The lungs showed
traces OF old inflammation. the Prostate slaC was eL-
largcd. especially ON the left side.
Cou1rI dorc April T. 1876 IN ms Office tie s1ld he had
sent .or TIE witness make thorough CSaniibuOu u
his ease. lc seemed depressed. =" ! examined him.
that The next day fOund mat pOluoh
1 opened the canal live inches. aud IN good
light could see the eniars'nent OF tas lfos,I4,I
gland. As 10 the hernia, tho triss was TOO sEa' AZ
though excellent formerly, AID another Was aecorhhsN
procured lie had three ts tumUrs, uu on account OF
HI age. and as the juniors were not alAlu' it iel
form an operation. ! couldn't make an examination
o. the BLADDER, but confident that be Lad serious
disease OF tue badder' anu sulseqIenty G! 7' t
Prom the appearances OF ire enlarged p-si'te the
sow growth ana must have neen tea or uf-
gears aitor tic disease was contracted The q s,s
Tho witlcss stated thar he had had conversation with
tho Commodore "a regard 20 cal. acc. Ai. CHntoh
eaid tuat belief ~ CIrt 0yauCo I'D not niY ias mt
Thcrc T.OUOOOO people who btneNtd III Spiritual
Ism ana Ilthol.h tney were cons deled mistaken tJey
were not necessarily Of un>Ound mind hr CIntJns
Obiccuun OyciruicO.
on 0nr 0cc s.ou cont iuued the witness, the Com
mode SAID 90 me: Doctor know. sdy that could DO
u.ucu De- yen pu! ,us. She coal. daguOsc q
without sce.us t.e PARENT laughed 90 tae idea.
can ,Iye proof hc said, and be related ho" he
had once sustained an iiUiTt on me Heau ~ oehE
thrown lro- vehicle %. Nt"-Iork y Q"ush.tf Oi MS
on staten ISLAND heard %. th- acc deu lAd started 10
come 10 tAo cy. "hen sue fe'oAeu 'He tE ,.' p1ds
ha1 NOT arrived, 50 Sht 'dcl vn MIS- t"' 10. . ~"
moments, aud sad size was Oh the way 10
yi, aeF is .r fo %DS S a' Of 6or iScs if
or any I.ug else RELAXING TO uln. Sac produced mini
- 90 f.
herself DO a llt,li-rc state. Sue began manipulating
her peraou, commencing with her leet ara gradually
reaching fo.,n,ad When She threw out her arms
ciyug Oh ." auu Jwoke SIC t.en said tla. tue Conn
plOrc Was Iuseua bee, and lat tIo d. to udn't hu0"
daughter arrived, however, ne would speak tO
sald Commodore, IS proof Of NY assertion OT 10 al
tu1 cd out as SIC sia. Looked al Inn aud AaoHLa
word % say lei tie dining by default lie SAID ~
Nasa Wundc.l Trims, ana ne COULDN'T account lOr u.
e called nm sunday, June L. 1910, a. he hd seat
for me- lie much depressed and sud that God' Al
mgAty gave him good uusmcLt, Dut that ho acted CON
tf4rv 10 mat De lad allowed certain IN d
lea treatment, ANA that this had nj 4rcd unn gicaty.
said U nae been Or t1 Deet. lie told uc u licr
ius .tcrWird been &c glblc aud as ne ttd cs he
ma sent Tor a rubber '-oOiJna Bennett NuO relieved
HIN by Tubuug. unde stand that lie Consider q MIN
self benefited ~ tins case by uic5ncrIS through ruO-
bing. Early June agaM, when j called On hll ne
said Doctor an the devils iu rel concentrated
ia tuoSe uari5 couldn't have suffered more than baVo
lately In Fan, ono occasion, wAcn tnrrc WcTo
several diners la room, VITA whom 4 imagined
from is manner HAD been debating religious tOts,
he exclaimed, Doctor, the devil LAS been aitqE me-
answered, well OO'J let bin catch you, FOR trc JOU
be commodore VlndcrDIt no longer The COmmOdOi .
never let a., body eaten Elu attempted 10 give aim a
LILLE religious Instruction, but he caught ny arms
and interrupted with, nave made up my miad Oh
>sls snbec Ny uOtDer taught me resion that VIII
noy1rfs by ana die by. 1 erred, IL your mother
III ~ you, must Do good And ~ cnded cur
religious talk. 49,. .....t.-. 80,
IL O'Clock, when Ciie case VIII Dc resumed