The Commodore Left Two Sons


Mrs. Danforth’s testimony, of course, did not show that the will was the offspring of the spirits, and Mr. Lord did not intend it to do so. Its purpose was to show that the testator had been a true believer in the spirits and in the possibility of communicating with them. This in itself, Mr. Lord contended, was evidence of a state of mental weakness which would render him susceptible to a fraudulent conspiracy designed to influence him unduly.

Arguing for the proponents, Mr. Clinton stated vehemently that Mrs. Danforth’s testimony was irrelevant simply because her visits to the Commodore did not take place until more than a year after he had drawn his will. Furthermore, if belief in clairvoyance was to be admitted as proof of insanity, then the witness herself was insane and her testimony was void. Judge Comstock, Mr. Clinton’s learned associate, did not much care whether the witness’ testimony was relevant or not; it was worthless in any case. The idea that belief in clairvoyance and spiritualism was in itself any proof of mental weakness was, he said, ridiculous. Thousands of intelligent people believed in it. He also pointed out, with remorseless logic, that there were supernatural elements in all religions.

At this crucial point, when it appeared that the evidence of testator’s senility was either irrelevant or untenable, or both, Mr. Lord hastily called for reinforcements. Judge Black, rumbling into position beside a convenient spittoon, commenced his argument by brushing aside the question of the relevance of Mrs. Danforth’s testimony as of minor importance. Instead, he launched a vigorous attack on the character of the deceased.

“Commodore Vanderbilt was the weakest of living men,” Judge Black declaimed. “He was one who more completely misunderstood all the duties he owed to his own family and himself, and was more utterly ignorant of those principles of natural justice which he ought to have thought of and understood and applied to this transaction, than any other man that ever lived or ever died. And the evidence shows that he was so.”

Surrogate Calvin, obviously annoyed and, also, a bit bewildered by this highly nonlegal approach to the question at issue, interrupted sharply to ask what there was in the evidence to show the decedent to have been of weak mind.

“His whole life shows it,” Judge Black thundered. “All he has ever done or said about the disposal of his property. He had one faculty that was preternaturally enlarged, and that was for accumulating property. It was so enlarged that it dwarfed every other moral sentiment and every intellectual power. Sanity depends upon the balance that has been preserved between the different intellectual faculties and moral sentiments so that all of them bear their proper proportions to one another. Suppose a man’s liver to be enlarged beyond what it ought to be, is that man a healthy man? Cornelius Vanderbilt’s bump of acquisitiveness, as a phrenologist would call it, was in a chronic state of inflammation all the time. [Phrenology was another of the new “sciences” popular at this period.] It grew wonderfully. And he cultivated it, and under his cultivation all the intellectual faculties that ministered to the gratification of that passion at the expense of everything else. Morally and intellectually his mind was a howling wilderness. He did not content himself by worshipping Mammon alone, though certainly he was a very zealous devotee of that meanest and least erect of the spirits that fell, whose worship is most sure to demoralize the mind and to corrupt while it weakens the understanding. When this is carried to a very great extent, unquestionably its victim cannot be considered a sane man. His love of money amounted to a mania, which would render any act of his void if it could be shown to be the offspring of the delusion under which he labored.”

Judge Black’s phrenological approach might have beguiled a nonlegal mind, but it failed to impress Surrogate Calvin. He simply ignored it. In order for Mrs. Danforth’s testimony to be acceptable as indirect evidence of insanity, the Surrogate ruled that the contestant must first get in evidence something to show that Commodore Vanderbilt was actually insane at the time his will was drawn. This had not been done. Therefore, the witness’ testimony was irrelevant and Mr. Clinton’s objection was sustained.

“What it amounts to,” Mr. Clinton had said in winding up his own argument, after commenting on the fact that Mrs. La Bau had also been a patient of Mrs. Danforth, “is that counsel seeks on behalf of a crazy client and through a crazy witness to influence this court to let in all kinds of crazy testimony.”

Deprived of help from the spirits, Mr. Lord put on the stand a number of witnesses whose testimony was supposed to prove the testator’s mania for wealth and personal fame. E. D. Worcester, an official of the New York Central and hardly a friendly witness, told of an employee who had stolen twenty dollars from the railroad. It had troubled his conscience so much that he had given the money to his priest to return to the Commodore. His mission accomplished, the priest took the opportunity to mention the poverty and need of his church, but the Commodore was not moved. He turned the money over to Mr. Worcester for credit to the proper account, saying, “There is considerable good in religion after all.”