New-York tribune., 1878-06-22
TESTIMONY AND DISCUSSION.

hVAN MNohOANN AA' AiVheo' B"'Ni"'
TESTIMONY AND DISCUSSION.
When the hour came for opening court
IA the Vanderbilt win case Scott Lord and Ethan Allen
were In their chairs, with Mrs La Bau between Them
The counsel on the other side and Chauncey NJ Depew
were IN their usual places. Mr. Lord caused
come surprise by calling for the Surrogate.
This eagerness to begin work indicated, 1t
was thought, that Redburn, the conspiracy
witness Vas TO be produced But the expectation was
unfunred. Mrs. Van Pet called to the stand but
she had little chance 70 talk Counsel did all this, and
consumed the morning session with objections and
answers 70 objections William II. Vanderbilt looked
much weafied by this perpetual discussion
Mrs Mary Elizabeth Van Pelt testified I live
nt No. 1s1 sxth-aye; 1 knew the Commodore; l
lived ct one time in OF his houses next
door to his Office in West Fourthst. Madame Dickes
lived on the other side Of the COmmOdOres Office went
10 i've n the CommOdOre's house in June, 1869 the
house was rented by Mr. Pearce from whom
pubIet rooms; frequently saw the Commodore; the
FIRST time had conversation with him was in his Of
ice; wenttO see him about the house; Lambert war
deli was with him.
Mr. Lord stated that he proposed to show by this con-
yersatOn how easily the Commodore was Influenced.
warrant Of eviction had been obtained against Mrs Van
Pet; the Commodore declared he would clear the
house he refused at fret TO yed but on persuasion he
assened agreement This showed that he was not
OF the inaexible win that had been claimed -, ara.
After much discussion over the INTRODUCTION OF Ihs
evidence. the Surrogate said; don see that tns mas
Is there Syllable OF testimony lu lHs
showing tnat the Commodore was IN anIenged S @ IN
any way by any one. IL you can point II ont VIII con-
slider with all the solemnlty the gravity Oh Ihe case
Mr. lord" First. one must COncede the great opPoT
fnitV an this ease the systematic OF the pro
ponent who refused 70 help the mother who bore MINI
educated HIM made hm nc u.s. bsp rsveweS
he case great length, aiming TO show that enough
ne c9se TO Jury He addes We are little unfortu
cate 10 procuring witnesses TO bring out this fact one
win be here to-day he can leave sickped' Hnot ne
will certainly be here ON tuesday ,,-,-- 9,
This allusion to Redburn, one Of the conspiracy"
witnesses, brought derisivc smile TO eX-Judge Com
a hot, acrid discursive discussion eDsued upon the
question OF admitting this testimony. At its conclusion
ne Surrogate said In this and IN the points
cannot detect a scintila OF evidence showing that the
Commodore was influenced 10 the making OF his VIII VIII
taRe OF the case. ntis yet proved that he was sgs
Inc names Of A. Oakley Hall, Commodore c. X. CARR
on Foster Dewey and several others were then called
he clock which indicated half hour after midday. and
aid; 1T looks now as though Should De driven 70 % Ine
medical experts shall be able 70 get one or Two phy
ncans here If am given until 1850 p. M" Ihe court
was then adjourned until that hour hut II was O'Clock
before Mr. Lord came. He called Oakley Hall as Wit
ness but there was no response
MEDICAL TESTIMONY AND THE AUTOPSY.
Dr. Thomas satterhwate was recalled, and testified
as the first the medical experts" The only material
point sworn to by him that Commodore Vanderbilt
when he died. was afflicted with chronic B1ghts disease
Of the hdneys The witness also testified sentence by
sentence as read to him. that the report OF the
autopsy made by him the body Of the Commodore
was correct Mr. Clinton claimed that this a
garbled version and ha the contestants had genuine
ropy. He objected TO any question Of Mr. Lord which
poke Of the report of the autopsy as an
document The Surrogate said didn't make any 0iHef-
rnce what Mr. Lord assumed in his questionable was re-
PDp Robert T. Weir was the only other witness. He
taid that he had been physician practising IN New
York 1853, and was az present lecturer IN Ine
Eew-York College Of Physicians aud surgeons. MT
Cornelius Vanderbilt had Brghts disease Of the Kidneys
nh pffe would that have his mtnd r
Judge COmstOck objected 70 this as indefinite III was
be said a most uncommon kind OF examination. To
bring testimony autopsy was common in Grim
mai but It had been unheard OF before that when
man had been in good health and Win strong meRIa @
powers years previous to the making ana at the ne
bi the making OF his will, az attempt should be made to
aud the lower part OF his body year ana hai aitet
pI reference 10 that period OF the CommOdOrcs life
when the win was made All the testimony on tat
SteajSeS ne might be thar the seeds OF bis disease
We're in ms body when the viii was made, but the
might be said concerning almost any other person VINO
Mr. Lord said that they did not claim that the Com
mOGOre generally Insane; what thcy ala elim WSs
that he subject TO mononania on the subject OF the
acquisition and transmission OIL pl0leIl -. .,
arose from diseases Of the daphagmP
Nj Lord" ann not physician enough TO cay, but II
Is proper for rs to show that these diseases ud anec
After much more discussion Mr. Lord was allowed to
mt the Oue ,iiou n this altered form assuming that
anY person had chrORc Brghts disease Of me Kidneys
whaf would be the ehect upon The mind y The answer
was that IN some cases II would indirectly anect Ihe
This disease you know" explained Dr. Weir "is
one In which the impurities IN the blood are not carried
of and this arrangement OF tbe organs causes delres-
SION which may affect the mind" The same question
was put and materially the same answer
given I'M regard TO each OF the other
diseases bv which tile Commodore was attacked
MIR Lord began 70 ask the witness whether he had the
testimony of Dr. Sltterthwaite 10 the statement o.
The autopsy, when Mr. Clinton interrupted: There 49,,
lie said no such thing an autopsy III TINS case
The counsel Is continually talking OF THIS autopsy as
n were a recognized thing There was only one
autopsy and that Ia my Office aud don't see now
M I6fd-In your object How did It get there
Mr. ClintOn-Bcclusc We PAID for II, ana u belongs 10
Mr Lord-Then II the Court please, give notice to
Mr. CLINTON that shall want that IN evidence lhats
tile very thing we've been attcr.
Mr. Clinton Ou an embarrassed manner)-At least j
think IL tr0s in ms Office. Laughter
Mr. Lord SAID that under the ruling OF the Court
made no difference whether ms question assumed that
The autopsy was correct not. And sO,' ne ADDED
the objection of Mr. CnntOn falls 10 the ground just as
this will viii have 20 do, when justice is done"
The surrogaeI wish could decide that es easily as
you do, Mr.. Lord 90 -,
Mr Iord-Well, you could, your Honor, II you knew
a. much about 10 ms do lLaughter.l
findings Of the autopsy were read 70 Dr Mert ana
he testified that the effect upon the mind or man
adcteu with such diseases would arise rucpgy from
fe enfeeblmg OF ply steal powers The Surrogate
refused 10 allow witness 10 testify as 10 the time
those diseases had existed simply nom the statements
Of the autopsy.