The Commodore Left Two Sons


Apparently it wasn’t enough for William, and Mrs. Stone’s brother did not get the job. Mr. Clinton objected to her testimony with all of his customary vigor. What it amounted to, he argued, was that Mr. Lord was trying to commence the case all over again even though he had had no case in the first place. The Surrogate, as even his worthy opponent should be able to recall, had already ruled that testator’s belief in spiritualism was of itself no indication of an unsound mind, and that evidence as to such belief was therefore irrelevant and immaterial. Mr. Lord, far from reacting with his usual violence to the gibes of opposing counsel, argued quite calmly—some thought even smugly—that, while he was by no means unaware of the Surrogate’s earlier ruling or even of the seeming validity of counsel’s objections, nevertheless, new evidence, which his conscience would not permit him to suppress, had dictated reopening this line of inquiry. Mrs. Stone’s testimony, he added, would lay the groundwork for showing that the will was the product of a foul conspiracy designed by William H. Vanderbilt to take advantage of his father’s belief in communication with the dead. Earlier Mr. Lord had contended that such belief would demonstrate that the Commodore was of unsound mind. Now, if as he claimed he could prove a fraudulent conspiracy, that indispensable ingredient of most successful will contests, the soundness of the testator’s mind, would not necessarily be at issue.

This shift in strategy was a little too subtle for Surrogate Calvin to grasp all at once. He decided to stick to his earlier ruling that testimony as to the influence of the spirits should be excluded, at least until the alleged conspiracy itself had been established. Getting a bit spritely himself, he proposed that communication be had with the testator in order to settle the whole question.

Mr. Lord was not in the least amused by what he considered misplaced judicial facetiousness, but he remained undaunted. If he himself could not communicate directly with the Commodore, he was now ready to unveil a witness whose testimony about the influence of the spirits upon the old man would be no joke for the proponents.

The witness was a Mrs. Lilian Stoddard, and as soon as she had swished herself into the witness stand it was evident that the big moment had now arrived. For Mrs. Stoddard, to any discerning masculine eye, was obviously no ordinary woman. In her early thirties, with neither youth nor beauty to commend her, she still retained that sort of saucy girlish bounce which, piquantly mellowed by years of dissipation, inevitably inspires in men’s minds visions of all manner of delightfully accessible and deliciously depraved sexual activity. Her testimony, as well as her person, was to have an electrifying effect upon the courtroom. Even Mr. Clinton and his august colleagues, though prepared in advance for the worst, seemed dumbfounded and aghast at the story she had to tell—under, be it remembered, solemn oath.

Mr. Lord conducted his direct examination with a dignified reserve that did not permit unseemly prying into irrelevant and purely personal biographical details. Mrs. Stoddard was, she said, the widow of Dr. Charles Anderson Stoddard, a medical clairvoyant who had died in the spring of 1875; Commodore Vanderbilt had been among his patients. In the summer of 1874, Mrs. Stoddard testified, her late husband was using his supernatural powers to alleviate the aches and pains with which the Commodore’s aging body was afflicted. Mr. Lord, in his questioning, was careful to bring out that Mrs. Stoddard herself was invariably present at these treatments. While this may have been a trifle irregular, the manner of her testimony on this point rather suggested that the proximity of her person had such an exhilarating effect upon the patient that he regarded it as an essential part of the therapy.

The treatments had continued in this cozy fashion, two or three times a week over a period of several months, until one fine morning early in September, following a professional visit to the Commodore in his office, the witness and her husband were sitting in Washington Square Park resting from the ardors of their joint therapy when they were approached by a gentleman who introduced himself as William H. Vanderbilt. Accustomed as they were to being abused and persecuted by cynical relatives of their patients, they were quite overwhelmed by Mr. Vanderbilt’s cordiality. He told them how impressed he had been by the great faith which his father had in Dr. Stoddard’s remarkable powers, and, far from wishing them to cease their ministrations, his only thought was to suggest that a more intense application of those powers might prove beneficial to all concerned. Mr. Vanderbilt’s exact words were, according to the witness, “I want you to influence the old man and make him think more of me so that I can control him.”