The New York herald., 1922-01-12
PICTURES AND MAPS
USED IN EMO CASE
Counsel Has Diagrams OF
Home to Prove Competency
to Make Will.

To make everything pearing on the
life and habits of Amos f. Emo during
the six months before his death as vivid
as possible. pictures of his house at
Saratoga. with diagrams Of its interior
and scale maps of the neghborhood
surrounding IT, were introduced In EVIL
dence yesterday before the jury In the
Surrogates' Court which Is trying the
question of his competency 10 make a
will.
At his death In 1916 Mr.. Emo left a
will providing that Columbia University
receive his whole residuary estate,
which amounts To nearly half of the en-
tire estate of s1?.o00,000. His relatives
who are contesting his will, maintain
that in his lifetime he never took any
interest In the university and that he
would not have made the will he did IL
he had been in full possession Of his
mental faculties.
To build up an impregnable defense.
Clarence J. Shearn, chief counsel for the
proponents of the will. offered pictorial
corroboration in the form of photo
graphs and colored charts and the testi-
mony of a dozen witnesses who knew
Emo at Saratoga the summer before he
died. AS the witnesses described Mr..
Eno's manner OF living and told of the
walks he took and the excursions he
made to the springs or to the race
track the maps were shown TO the jurors
to make clear what the distances We're
and whether Mr. Emo went direct or cir
cuitously and whether the ground was
fiat or on grade.
Mr.. Emo was a constant visitor at the
racetrack. according to several of the
witnesses but rarely put down a bet
because his principal pleasure in I'M
proving the breed of horses was that
derived from his acquaintance with men
and women about the clubhouse and the
air and sunshine.
Among the men who met him there
and who testified yesterday that his
speech and manner invariably seemed
rational to them were William j. Burn
ham, editor OF the Saratoga Sun; John J.
Ahearn. superintendent of the track
Leonard B. Fletcher and William Les
ter. Dispositions were read also from
Samuel Elliott, who died soon after Emo.
and Chauncey Olcott, the actor, whose
engagements made it impossible for him
to come to court.
The witnesses. even those testifying
by deposition, all agreed that they never
knew him so relaxed mentally; that his
mind was not stimulated by the pros
that many OF his walks about Saratoga
were solely to look at land and build
ings. He owned considerable property
there, much of which he bought when the
resort was low in popular favor.
| He was enormously interested. they
all said. in tho States assumption OF
control of the medicinal springs.
He predicted the rapid recovery of
realty values. In 1915 he frequently
reminded friends Of his judgment and
foresight.
Max d. Steuer. chief counsel for those
who are contesting the will, cross ex-
amined only one of the witnesses who
testified yesterday. When Mr.. Lester
finished his direct story Mr. Steuer
asked him how often Enc used to talk
about the Springs.
"Oh. every day." said Mr.. Lester
mostly in connection with the work
tha twas being done by the State from
day to ny"
Exactly what work." inquired Mr.
Steuer. was being done from day tc
day."
well. now that you speak OF it." Mr.
Lester answered. nothing very visible
took place from day to day"