New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1916-05-25
EMO WAS WARNED
TO AVOID SWEETS
Except the Sweet Pres
ence of Ladies'" DR.. Wylie
Wrote to Patient.

Dr. Robert II. Wylie was again on the
stand yesterday in the Surrogates'
Court at the trial of the contest over
the will Of Amos f. Emo. Although
protected by the law which permits
physicians TO keep as confidential their
relations with patients, one little bit
Of advice given by Or. Wylie to Mr.. Emo
crept into the record. 1t was con-
tanned in a letter which he wrote
from Rochester, Mimi, in February,
1915. four months before Mr.. Emo exc
cuted the contested will. Mr.. Emo
suffered from diabetes and DR.. Wylie
wrote:
"Avoid sweets except the sweet
presence Of ladies'"
Austen c. Fox, chief counsel for the
proponents, who are trying to prove
the will Of June IS, 1915, which left
the residuary estate, valued at about
s7.OOO.O 900. to Columbia University, was
the will of a mentally sound man, had
DR.. Wvlie under cross-examination all
day and made use Of the diaries which
Mr.. Emo kept to show that he knew of
what he wrote.
Men of Note at Emo Home.
DR.. Wyle admitted that certain en-
tries made by Mr.. Emo Of social visits
to him by DR.. Wylie and his wife were
correct. so far as he could remember.
"Did you discover anything in the
diary" asked Mr.. Fox, (Which accord
ing TO your recollection was not fact
The witness answered that he did not.
DR.. Wylie said there was some repeti-
tion in the diary.
Mr. Eno's summer home in Saratoga
was a mecca for men of note, the tes-
timony of DR.. Wylie showed. He had
seen Colonel Henry Watterson there,
also Surrogate Robert Ludlow Fowler,
who just missed sitting as the trial
Judge i'm the contest over his friend
will. and Mr.. and Mrs. Chauncey Oh
colt. DR.. Wylie had also seen Lucius
II. Beers and William Mitchell, the
executors of the will, at the Emo place
in Saratoga.
A letter written by Mr.. Emo in March,
1911. from Mentone, on the Riviera, to
DR.. Wylie, which was also read yester-
day, showed that he was not in sym
pathy with the race track legislation
contemplated at that time in Albany.
Acknowledging some newspaper cllp-
pings from DR.. Wylie, he wrote
THE articles about the end Of racing
are only 10 induce legislation TO repeal
that part of the act which makes the
officers of the racing clubs liable 1oI
punishment If there is racing, even II
they do not sanction it.
Opposed Race Track Bills.
81 have always believed that this
part of the law could not be enforced
In case ! own a house and lease II can
be held liable for anything which IS
done in the house which may be GRIM.
na and to which have not assented
That is the Ease"
Several checks, drawn by Mr.. Emo
on the Second National Bank shortly
before his death. were introduced. This
bank, by the way. is the same OF when
Mr.. Eno's late brother. John c. Emo, was
the president and from which II Is al
legged ne embezzled about S4,OOO,OOO'
One Of these checks contained an In
scrlption which was illegible, the others
being legibie.
Dr. Wylie could not remember who
else was present besides himself and
wife when Mr. Emo made vulgar re-
mark regarding the suffrage leaders
/ The cross-examination will be contn-
ued to-day.