New-York tribune., 1896-01-24
FIGHTING OVER ELY'S WILL.
MORE TESTIMONY AS TO THE WEALTHY
DIsrIILER's INSANITY
EVIDENCE Or QUEER ACTIONS GIVEN BEFORE
SURROGATE ABBoTT-THE TRIAL
UNFINISHED

UNFINISHED.
Surrogate Abbott heard further testimony
yesterday in the fight which Mrs. Phebe NJ Ely
is making to break the will Of her husband, the
wealthy distiller John II. Ely Mr.. Ely was
worth. according to the schedule filed. about
$4,000. He died on September /. 1895 at his
home No. 345 Halsey-st.. and by a will made
on April H. 1SS9 he left most of his estate to his
son Henry D. Ely. of Tarifville. Hartford Coun-
ty. Conn. Mrs Ely and an incompetent son
George c. Ely, who were cut off with a compare
lively small portion. are fighting to break the
Will on the ground that Mr.. Ely was incompetent
when he made II. George G. Ely appears by the
Peoples Trust Company his committee
John Louden. of Louden Hall. Amityville. L. l..
called YESTERDAY a witness for the con-
testants. He said that in 1882. while he wac SUI
perlntendent of the Long Island Home, Mr. Ely
was an inmate there for some months. He was
violent and broke windows. He was released
on the application of his wife.
You were recently complained of, were you
not. for keeping a lunatic asylum in violation of
State law" asked ex-Judge Reynolds. counsel
for the proponents. In cross-examination.
81 know Of no such complaint" was the re-
ply.
yet you were arrested and are now under
bonds?"
"Yes. sir. ! am admitted the witness.
Abram D. Hendrickson. Mr.. Elys brother-in-
law testified that Ely was under the influence
OF liquor during the greater part OF his acquaht-
ance with the man. He drank gin and whlskey
principally and by shouting and swearing made
himself generally obnoxious. one sunday ne
opened his distillery and seemed surprised that
the workmen were not there Mr.. Hendrickson
said that one day in 1887 he was passing the
Wall House. in Bedford-ave., and saw Mr.. Ely
standing at an open window gesticulating Vio-
lently and shouting at people in the street De-
low.
Some amusement was created by the testi-
mony of Margaret Devins. of No lol sou'h
First-st She said that she took care or MIS-
Ely at Bayport. Long Island, ana she cor
roborated the testimony Of previous witnesses
regarding Mr.. Ely's misconduct ,
Mrs Josephine Rebecca Burbine middle
aged negress who was servant for the Eiys
teld a long story Of the testators oddities.
She said that once when Mrs Ely was p'ch,ms
pigeons for their Christmas dinner, Mr. Eiy
caught her by the throat and choked her uhti,
she was black and blue" The witness dragged
him away after a struggle and then he turned
on her with a crowbar Finally. however she
and one of Mr. Ely's sons got him down ana
held him until he was tired when ne went 10
sleep The witness said that Mr.. Ely was frs
ouently violent. II have saved the lives OF MS
two sons hundreds of times" she said. "when
he would have killed them If some one had
not interfered.' -
Mrs Burbin. said that Mr.. Ely was nlthy III
his personal appearance. lie took no care oil
himself Sometimes he would wear the same
clothes four and five weeks at time ana no
persuasion Of his wife or the witness could get
him to change them.
Frank Seaman. Of No. 4l9 Kent-ave whoIe-
sale liquor dealer. identified number OF let
ters which Mr. Ely wrote between 1881 ana 1870
The letters are all of a peculiar character. and
charles H. Otis for the contestants. said
he considered them the strongest pro1fs OF
Mr. Ely's insanity. They are full OF profanity
fluent at times and again entirely discon-
nected one letter had this corner card: III
not delivered In ten years return TO John ID;
Ely" The writing In all the letters sprawled
across the pages. One word might be in 81
gantic characters and the next In letters al
most microscopic. Considerable time was oc-
cupied In this identification of letters.
The hearing was Adjourned until Monday.