The family declares that the lower valve had been turned off, but that the one at the wall was on full and in some way the gas had succeeded in escaping.
John L. O’Brien, the personal counsel for Frederick H. Herman, was notified of his client’s death and arrived at the house shortly after. Mr. O’Brien saw reporters who called at the house, explaining that members of the family did not care to be interviewed.
Mr. O’Brien denied that Mr. Herman committed suicide. He said that the circumstances surrounding his death made it appear that it had been accidental.
“Mr. Herman’s death was purely accidental; of that I am convinced,” said Mr. O’Brien. “He was not worried by the civil litigation in which he was engaged with the receivers of the Universal Reserve Life Insurance Company, and he long ago became satisfied that he would never be brought to trial for the criminal indictment that was hanging over his head in connection with the alleged misuse of money to influence legislation at Albany.
“If it had been Mr. Herman’s plan to take his life by gas he would have gone about it differently. The gas in his own room was turned off, and it is reasonable to assume that if he had had suicide in mind he would have turned on the gas in his room.
“He was fully twenty feet away from the gas heater in the bathroom and there was a constant current of air flowing between the two rooms.
“There was some trouble with the furnace, and Mr. Herman, who likes his room warm, had turned on the gas in the bathroom. Air was coming from the open furnace register.
“It is evident that Mr. Herman had been reading, had gone into the bathroom and turned off the valve near the heater, had then returned to bed, read a while, and finally turned out his own gas.
“He went to bed at 11.30, and must have remained up reading through the night.
“I had never seen Mr Herman more optimistic than he was in the last few weeks. He had been busily engaged with me in preparing for litigation in connection with the Universal Reserve Company affairs. He had no financial troubles that I know of. His family life was most peaceful and happy.”
Mr. Herman’s bedroom was on the second floor, directly over the parlor. Other members of his family slept on the same floor and the servants on the floor above.