The Atlanta constitution. [volume] (Atlanta, Ga.) 1885-19??, 1903-11-02
BRYAN is BASTED IN
WILL CASE.
Attorney Charges That MIR. Bryan
Was Not Open in Dealing with
Mrs. Bennett-Mr. Bryan
Makes a Speech in His
Own Behalf.

New Haven. Conn. October 2o.-Argn-
r,an+a IN the Philo s. Bennett will case.
the testimony in which. including the un-
sealing Of letter In when d peaUes'
had heen pade to William J. Bryan, was
presented last week. was heard by Judge
Cleveland. In the probate court TO-DAY
judge Henry Stoddard. Of this city, couh-
sci for Mrs Bennett. the widow Mr
Bryan, In his own behalf, ana henry y.
Newton, his counsel, addressed the court.
In the course Of his argument. judge
Stoddsrd arraigned Mr.. Bryan in severe
terms. Mr. Bryan IN reply SAID that
If Mr.. Bennett could stand being mallehea
for his political beliefs he could endufe
criticism for following his friends wishes.
When court opened. counsel Tor MIS-.
Bennett had several documents. previous
" read in the case, reread so that they
might become a part of the records, MI
BRYAN identifying them as they were IN
turn handed TO him.
Bryan Expresses Surprise.
One Of tho letters which Mr.. Bryan
identified as his was written to Mrs
Bennett October 81. III it. Mr.. Bryan
expressed surprise at the course taken b.
Mrs. Bennett in contesting the Will
He wrote:
From the conduct Of your attorney.
| am satisfied that. being one Of the S'ld
democrats who left us in 1896, and net
at all in sympathy with the poAtica'
views of your husband and myself ne IS
willing to defeat Mr. Bennetts purpose If
| 1t can be done.
He saws he is satisfied Mrs. Bennett
! action is due to the persuasion OF
| lawyer unfriendly to the pollticai We've
Of Mr. BpuOet; and inySe IL.
After the letter had been read ana
admitted, Mr. Stoddard asked MI BfH-
what conduct on the part Of Mrs
Renuetts attorney did YOU refer to In TINS
| letter."
IRON the first time that talked with
you, l was convinced mat there r W.
more politics in it than law tha'
covers the ground.
Mr.. Hewitt. associate counsel for Mr.
| Bryan, then asked that the VIII be pro
hated ana as part thereof the lef'
written by him to his Wife and fe4n@
sealed up.
stoddard Attacks Bryan.
Attorney sjoddard. in his argument.
referred to the fact that both Nh and
| Mrs. Bryan are lawyers He said in
part:
Mr. Bryan and his wife. with Mr.. Ben
| nett. arranged in Lincoln Nebr. draft
Of this provision ana framed this letter
which disposed of $50 900 Of Mr. Bennetts
money 30 member of Mr. Benefits
family was present, or notified Of the
fact. Mr.. Bryan has told your honor
I that Mr. Bennett wanted to make =
different disposition of the $50 600, 10
| give il to him absolutely Mr. Bryan
would not have it. and the reason Is
plain Mr.. Bryan Is a lawyer. The COM
mon law says that when lawyer draws
| a will IN which he obtains benelaction.
! he must show that the influence which he
eAertcd was not undue. IS It any won,
| der then lhat when MT. Bryan loul4U
! himself confronted with this situation he
| would not permit Mr.. Bennett to make
that provision directly to himself. ana
| 50 this subtertuee was substituted IN
| place of it? But this sealed letter does
| NOT state Mr. BENEFITS Will. 1t states
Mr. Bryan's Will solemn letter. adj
dressed to the wife of Mr.. Bennett. Sc
! creted from her the fact that SlQoOu
was il? Did it enter into the calculation
! that Mrs Bennett might object? MI
| Bryan knew perfectly well that the pro
visions Of that section Of the will are
prescribed by law.
Mr. Stoddard spoke Of the Chicago let
ter as a last despairing effort and sald
Bryan was desperately driven by ava
rice to get the $50, 600.
Mr. Bryans Reply.
Mr.. Bryan rose 10 his feet rs Mr. Stod-
| dard concluded. and in stiffness that was
almost oppressive began speaking. lie
said in part
1T is incumbent upon me TO respond to
So much Of the argument as comes Hn-
der the head of facts. ] wrote the lett
that l did because | believed other causes
than Jaw inspired him. There is no cause
for secrecy in this will Mr.. Stoddard
seems to feel that every one should haye
been invited in when it was written. But
that is not the way Wills are prepared.
There is no evidence that Mt, Bennett
ever consulted me upon law matters
Our friendship was personal. political and
in the way OF business.
For the remainder of his speech. Mr.
Bryan discussed Mr. BENEFITS return to
New York. how he executed the viii,
placed it In a safe deposit vault aud lett
! It there without alteration three years
although he had every opportunity to
make such changes as ne might have de
/ sired
Attorney Newton argued the law for
| Bryan's contention. Judge Stoddard then
| moved that the sealed letter and the
| clause In the Will relating to it be dis
| regarded in prObatin the viii.
|