New-York tribune., 1880-01-10
THE LEUIS WILL CASE.
l.. rdf,or Of Tbe T,bUue

To the EdftOr Of The Trt6URe.
SIR: In your report of the Lewis will case
Yesterday there serious error affecting one Ol the
counsel IN the case The witness, Joshua Benson, did
not testify reported IN your paper that "Couu'eIor
RUSSELL WHO represents The alleged widow, and two
ucobcws OF lr Levi. called upon hun and offered him
900 i'm case the will should be broken by his tcst
mony" That report is wholly incorrect III what 1t does
say and moreover calculated To mislcad by It's onis-
sons OF the state OF the witness given In expa
nation.
In the first place, Mr. Russell does lot represent the
widow and two nephews; he docs not represent the
widow nj all but represent the sisters Of Mr. Lewis
and nephew of his who contest the will, and whose
interests are anita gonistlc 30 the claim Of the alleged
WIDOW
Secondly Tho testimony in opposition to the VIII 3
chiefly documentary, consisting OF the letters written
by LrWis 10 his relatives and various doc uments MI
Benson. testimony, which taken in 1877, relates
10 INwiss conduct after the date Of the wl and
n not pretended that the will could be broken by It,
The testimony given on the 7th Instant by Mr.. Benson
and the witnesses called his behalf was to prove that
after The will made in 1873. and before a coolci
was made IN 1873, Mr. Lewis had severe Illness atter
which he acted In strange and irrational manner by
the VIII the tesiators dwellnghou In HoboRen ana
tho amount of a mortga(e of $1,000 held by Lewis on
BensCns house, were given to william benson anu DIS
family The cod'cil revoked that giit ,,
Although Mr BcusOus ntercst favored the probate OF
the will and the rejection OF the codci he has assisted
nuutngu up testimony fCm time 10 time 10 prove that
when the viii WAS made Lewis lahoriug under IN
sane dciusous, and was "a klepolnauhc. u course
Benson would have acted ia that l. lie ana ms
family were be losers the setting aside OF the Will
MI BcnsOu's testimony taken on the 7th Instant was
to this effect that after be had voluntarily given ms
statement OF the facts OF the Mr. Russell SAID that
II The will should bc broken he intended 10 advise his
clients 10 have al The egaccs given by The will paid IN
fu with interest and that Justice should be done to all
those whom Lewis had wronRcd, including Mr. Benson
ana the of Margaret Burgess who nad been iOr uy
years the Lewis, and who had been rooOed Dy
him OF some securities belonging 10 her when she
died. A great many legaccs were lett by the
will made IN 1S73 OF them 10 charities Mr. Ben
son GcpOsed that Mr. Russell intimaed that he should
advise his clients give effect 90 the VIII Ia All respects,
except the bequests to the Government.
Mr. Benson further depOsed that he has filed claim
against the estate for S02 900 for his services rendered
to Lewis And Mr. Benson saws be understood Nr. kls-
sci to guarantee that he should be allowed S33OOO-but
not addition o the legacy-if the Will should be set
aside.
Thc witness added: He said he would guarantee
me, IN case the VIII broken, We should have what
belonged well Other parties having claims Tor
wrongs done by Mr.. Lewis"
From this recital 1t Will be seen that the passage
quoted report Is erroneous, and that there rs
no ground mpung either 10 the counsel or tbe VII
ness any corrupt bargain or any imprOprey Whatever
MM. +. ARNOLD, Of counsel Tor contestants.
NelO York, January ., 1850