New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1896-01-23
HER WEIRD NIGHT RIDE.
\ WOMAN's CATTLE STORY IN THE ELY
WILL CONTEST.
THE WEALTHY DIsTlLLER. IT Is ALLEGED MADE
SOFTLY AND WAS \ PRoFANE NAN

HER RIDE TIE ,INE sTOCK-IiE swoRE
SOFTLY AND WAS \ PRoFANE NAN
20 WITNESSES SAY.
Surrogate Abbott heard testimony yesterday
afternoon in the attempt to break the VIII Vi
John r. Ely the wealthy dl5tller, VINO died Oh
September l. 1875, at his home, No. 30 falseS
81 Mr. Ely had about 100000 personality. ana
real estate estimated At $1,000. his VIII was
executed on April H. 1889, and by 1t ne maue
a number Of minor requests ana bequeathen
ono-half ~ his resduary estate 10 MS son. he"rS
d. Ely. Of Tariffville, Hartford County Co""'
The remaining half Of the reeiduary estate was
to he divided between Mrs Phebe NJ. Ely. the
widow who is nov living at the Halsey-s''
house and George c. Ely. the other son Of Mr.
Fly. who is now in the Long Island Home on
his own petition. as an incompetent person
Mrs Elv and George c. Ely. by his commit
tee. the Peoples Trust Company. are contestlng
the will They claim that when it was executed
bv Mr. Ely he was Of unsound mind.
The vii! Is offered for probate by john G
Jenkins. president OF the First National Bank
who was one Of the Witnesses to the document,
and who was named in 1t by Mr.. Ely as exec
utor Mr. Jenkins testified yesterday that he
had witnessed Mr.. Ely's signature He was then
taken in hand by Charles H. Otis, counsel, IN
cross-examnation
Was Mr.. Ely a sane man.
81 don't think ne was sane" was the reply
He was either drunk or insane ever since 1852
what was his condition Of mind in the month
II April lSs9?'
well. would not let him get behind me
What do vou mean by that asked the Sur
rogate. ,e
was safe in his presence, unless | had my eye
on him. at any time within the last fifteen
years A.
Elys financial adviser. and the testator followed
his advice almost implicitly.
Frank jenkins. Of No. 81 Covert-st; broker
testified that he was witness t. Codicil OF Mr.
Ely's will made on May Il. 1892. AT the Halsey-
st house. He could not say that the testator
as insane but h. muttered ana mnmplea u
himself and sWOrc almost continually he was
an extremely profGne man. once in tho Once
of the witness his profanity beam" SO !oud
that it could be heard throughout the building
William : Irish OF No 256 McDonough-st.,
testified in corroboratoi. Of Mr. jenkins that
MIR Ely On the occasion when the document was
signed swore softly 10 himself The witness
said that he could not say Mr. Ely was insane.
Mrs Ely was callel TO the stand Mr. Gus
asked: What have you learned Of the trad
tons Of the family respecting the hereditary
:lfnt,l condition Of the Ell FANNY through SeN-
eral geuerations?'
The question was objected to. but admitted.
Nj Elys mother was insane for eleven
years . was the replr His sister Mrs. Adams.
|
| brother is in the state Asylum at MlddletoWli
| now. He is there for cutting his keepers mead
of with axe 800 ~ .
Miss Catharine f.. Lott. OF No. l3l Penn-st a
sister Of Mrs Ely said that Mr.. Fly visited her
fathers farm near Flushing. Long lsIand, III
1884 Mr. Ely wanted me to 90 out ana loon I
at the cattle at o'clock At night, she SAID. l
| went with him. and he asked me- 10 SIT on their
| backs | did so at his request
Former Judge Reynolds. counsel for the con-
testants asked: when was THIS!
/ I'm september or october.
| How did he make you do II
| Why he insisted on my sitting down on the
animals back" ,.
| you never showed any temper ala YOU
NO. sir m
| you haven't much. have you?
no sir | amt got any.
well. how long did you stay on the animal,
as you call it,
Not very long" 80
What was II. anyhow? what KIND OF an
animal" ,,,
"Rullr' said the witness. eXplosiVely.
The hearing will be continued to-day.