The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1879-02-19
THE VANDERBILT WILL CASE.

DIR. VAN buren, GIVES HIS EXPERIENCE DURING
THE coMMoDoRE's LAST SICKNESS
The Vanderbilt will case resumed before Sur
rogate Calvin yesterday. decrease in the number
OF spectators apparent. fact which might tend
to indicate that public interest in this long drawn
out legal contest is dying out. Mr.. William H. Van
derbilt sat. as usual his counsel, while his
sister. the contestant. occupied seat behind the
huted column which shut her out from the view Of
the prepayment Mr. Berger, the husband of the con-
testant. and Mr.. Cornelius Vanderbilt were also
present.
The first witness called by Mr. Clinton was DR..
William H. Van Buren,, who testified that he had been
practicing physician in New York for about twenty
Ave years; that he had been q professor in several
colleges and was the author of medical works:
he knew Commodore Vanderbilt In 1876 and attended
him professionally during his last illness. copy
Of the result Of the autopsy made on the remains
Of the decedent was shown to the Witness who said
that he had already examined it carefully found
in no evidence of insanity the part Of the Com
modore.
On cross-examination by Mr.. Lord the witness was
closely Intercepted to the different medical works
he had published and in regard to the basis Of his
belief to the sanity Of tue tesator without how
ever. shaking his direct testimony. The name of Dr.
Bodenhemer having been incidentally mentioned,
Mr.. Lord asked il he not the author of several
medical WORKS. 10 this the Witness replied that he
did not know but that the books were published un-
der his name. He added, however, that he had no
doubt that DIR. Bodenheimer was the author of tho
works referred to, but that he had to answer the
question in that way account of the sharp char
actcr of the examination. The witness further ties.
tilted that he had called upon the Commodore about
twice week up to the time of his DEATH but he had
never done so at the request Of William H. Wander
bilt.
On being asked by Mr.. Lord to give any converse.
ton he had had with the Commodore, the witness
said that occasion the Commodore asked him
to sit by him and talk, whcreupon he said that he
had been nominated by q gentleman at Saratoga for
Vice President Of the United States; he afterward
asked the person who nominated him why he had
done So and he replied that he had once seen him
play game of whist, and he thought that any man
who could play 30 good game would make good
vice president. On occasion the witness stated
that he hurt the Commodore. who thereupon used
some profanity; he afterward asked the witness il
he thought it was wrong for an old man to swear
little when he was hurt and apologized for the lam
guage he had used.
The witness testified that he had frequently met
Dr. Flint in consultation at the Commodore's house
during the latters Illness and the two had often
changed views to the Importance of the case and
the probability of their being called witnesses in
regard thereto he had, however. never heard any.
thing from William H. Vanderbilt on the subject:
the witness stated he did not know certain that
he would be called as a witness until last week.
Owing to professional engagements on the part OF
DR.. Van Buren, his cross-examination not con-
cluded.
At the afternoon session WAS intended to resume
the crossexamination of exJudge Spencer but he
unavoidably absent, the time OF the Court was
taken up with preliminary argument the part
of Mr. Lord, in support OF the motion to strike out
of the record the testimony given by Commodore
Vanderbilt in 1874 and 1875. before referee, and
which introduced by counsel for the prepayment
to show the clearness of mind of the testator.
There being no further business before the Court.
an adjournment was ordered until to-day.