The Commodore Left Two Sons

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Judge Ingram had granted Cornelius’ writ and released him, and he had gone directly to see the merchant. The merchant had denied any intention of charging him with forgery for what was, after all, merely another unpaid bill. So far as Corneel was concerned, that would have been the end of the matter. But sometime later that year, while he was paying one of his infrequent visits to his parents on Washington Place, the subject of the Bloomingdale episode had come up again. One word had led to another, as it usually did, and his father had commenced one of his tirades of abuse. Corneel had been about to leave when suddenly, much to the astonishment of both his father and himself, his mother had turned on his father and told him to stop being such a fool. Then, of course, she had burst into tears at her audacity, but finally managed to calm down enough to tell his father that it was William who had planned the whole thing. It was not the first time, either. She hated to say it because she loved all her children, but William had always been scheming and telling lies to cause trouble between the witness and his father. Even more surprising than his mother’s outburst, however, had been his father’s reaction to it. He had hung his head sheepishly and maintained a glum silence, as though saddened by the realization that no man as rich as he was could ever really trust anyone, not even his first-born son. The witness himself, more than twenty years later, was still saddened by his memory of that unhappy scene. He took out a handkerchief and blew his nose. William, for his part, appeared unaffected by his brother’s testimony, or by the suffering visible on the faces of his lawyers.

Mr. Lord, with appropriate hems and haws, now broached a rather delicate subject. Had the witness ever been afflicted in any way? With head bowed and voice trembling, Cornelius replied that he had been afflicted with epilepsy in its severest form from childhood until he was about thirtyeight. Since then the attacks had become less frequent and less severe, but it was still necessary for him to be accompanied by a friend at all times. This led into Mr. Lord’s next question. Did he recall where he was during October and November, 1874? Yes, he certainly did. He was with Mr. George Terry, his friend and constant companion, travelling about from one place to another. His memory was so good on this point because he had consulted a diary which he had kept then and which he kept now.

“During those months, or at any other time,” Mr. Lord asked, “were you in the habit of frequenting the Fifth Avenue Hotel every morning?”

No, he certainly was not. Of course, he may have been there once or twice during the summer and three or four times during the winter. After all, it would have been quite impossible to avoid it entirely.

In those days, in the seventies and on into the early eighties, the original Fifth Avenue Hotel played a role in New York City that no single hotel was ever to enjoy again. Standing at the intersection of Broadway and Fifth Avenue at Twenty-third Street, in the days when the city’s life was centered at the crossing of those avenues, it was the Plaza and the Ritz of the fashionable, the Astor and the Knickerbocker of the theatrical and sporting set, the Algonquin of the literary, and the old Waldorf of the nouveaux riche.

With a weather eye on Mr. Clinton, who was commencing to fret and fume in his seat, Mr. Lord launched his next question. During those two apparently unique months of October and November, 1874, did the witness visit any gambling house, or gambling hell, as it is called? Before Cornelius could reply, Mr. Clinton was on his feet with a strenuous objection. The witness was not a party to the contest of the will and his habits or whereabouts, good, bad, or indifferent, were entirely irrelevant and immaterial. Surrogate Calvin seemed inclined to agree and requested Mr. Lord to reveal where his line of questioning would lead. Counsel for contestant was delighted to explain. Such testimony, he said, was directly related to the foul conspiracy which William H. Vanderbilt, desperate because of his brother’s long abstention from gambling, whoring, and drinking, had cunningly devised in October and November, 1874, in order to hoodwink his aging father. It did not matter that the victim of this vicious plot was the much-maligned Cornelius rather than Mrs. La Bau, the actual contestant. If any part of the will was fraudulently produced, then the whole was a fraud. Surrogate Calvin, after some deliberation, ruled in Lord’s favor. It was the first important victory for Mrs. La Bau’s side, and a murmur of gratification welled up from the section of the courtroom where the contestant’s partisans were gathered. Cornelius returned at once to the stand to answer Mr. Lord’s question triumphantly. No, he had not been in the habit of frequenting gambling houses, or hells, in October and November of the year 1874.

“Or houses of ill-fame?”

“No!”

“Or of drinking to excess?”

“No!”

For his last question Mr. Lord lowered his voice to the hushed tone reserved for speaking of the dead to their bereaved ones. How many times had he seen his father during his last illness? He had called at the house two or three times every day during the last three or four months, he replied sorrowfully, but his stepmother had permitted him to see his father only once in all that time.