The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1903-10-27


views or Mr.. Sloan who was designated
by him and who was his intimate asso-
ciate. I told you that I would not again
at your wish accept the sum intended
for me personally. but, knowing that he
gave to his relatives all that he thought
he ought to- am not willing that they
shall defeat his purpose If l can help it,
and I am not willing that they shall put
in my place an executor who viii go
into Office pledged to try to defeat the
will. Just what I shall do in regard to
the executorship I shall decide before
the day set for the probate, but
thought had better notify you, as
had told you would not serve at all. l
enclose a notice that you can give to
Judge Stoddard. You can use your own
judgment about showing this to any
one, or keep it as confidential. Please
write me as soon as you see the sealed
letter as they might possibly clear up
the matter. Wishing you health, am,
Yours truly w. J. BRYAN
After the letter had been read and adj
mitted Mr.. Stoddard asked Mr.. Bryan:
What conduct on the part of Mrs.
Benefits attorney did you refer to in
this letter?'
A-From the first time I talked with
you I was convinced that there was
more politics in it than law. That COW
ers the ground.
Q.-Have you any other justification
for writing such a letter?
A.-That is sufficient.
Mr.. Hewitt, associate counsel for Mr.
Bryan, then asked that the will be pro-
bated. and as part thereof the letter
written by him to his wife and found
sealed up. Mr.. Hewitt cited law in sup
port of the contention that the will as
found is valid in law. and that other
forms called for by statute have been
followed Attorney Stoddard then be-
gan his argument. After reviewing
Mr.. Bryan's testimony given last week,
Mr.. Stoddard referred to Mrs Bryan's
training in law and to the fact that
both Mr. and Mrs. Bryan are lawyers.
He said in part:
Mr.. Bryan and his wife, with Mr.
Bennett, arranged in Lincoln, Neb.,
draft of this provision and framed TINS
letter. which disposed of S50,000 OF Mr..
Benefits money. No member OF Mr.
Benefits family was present nor notl-
fed of the fact, and no man associated
with Mr.. Bennett in business was pres
ent or notified of the fact. Mr.. Bryan
has told your honor that MI. Bennett
wanted to make different disposltlon
of the $50, 600, to give it to him absolute
~ Mr. Bryan would not have 1t and
the reason is plain. Mr.. Bryan is law
yer 1t has never been in this state, nor
where the law controls that a lawyer
can write himself heir to a cons1dera-
BILE fortune in the will of his rflend
which he prepares. To permit 1T Wouid
be disgrace in any system or Jurls-
prudence The common law system tnal
when a lawyer draws VIII IN WtlcI iie
obtains a benefaction he must snow
that the influence which he exerted was
not undue.
as it any wonder, then that wher
Mr. Bryan found himself confronted
with this situation, when TINS mateei
came uD between himself and Mr.. BEN
nett. he would not permit Mr. RenneIe
to make provision directly to his Gam
lily? But this sealed letter does not
state Mr. Bennetfs 4Wiii. 1t states MI.
nv ~ ans desire
that Mr.. Bennett yielded to. Why. no
man knows That sealed letter speaks
falsely. for it does not tell the truth OF
the arrangement between Mr.. Bennete
and Mr. Bryan. 4 solemn letter adj
dressed to the wife 1of Mr. Bennett Sc
crets from her the fact that $4,000 was
going to the wife of this man. W ny
was it? Did it enter into the caleufa-
ton that Mrs. Bennett might oo1ects
Mr.. Bryan knew perfectly well that the
kprovisions OF that section of the VIII
were prescribed by law In the SnadoW
of her husbands death Mr.. Bryan made
an offer to Mrs. Bennett that when as
trustee she should paw to him the $780,
600 beuus he would do certain things
set forth in his letter to her, read in the
testimony a few DAYS ago. He said ne
did not attempt to contest, That IS m
credible in a lawyer writing himself
heir to $4,000 in a friends will. The
letter which he wrote foreshadows that
he feared a contest. That letter intro
duced here tonight, after the contest
had come when it was apparent that
he was not going to get that money.
caused him to make one last e.esna-r-
ing effort TO get that widow to permit
him to do as he pleased with the $5o,oOV
EXCEPT I saw it under his own Gand-
writing, it would be incredible that any
lawyer could write such a letter as this.
What right has Mr.. Bryan to intimate
that I am unfaithful to my. client. or
that 7 am unfair to my oath of office.
because of some miserable difference in
political belief? Why does he go be-
hind my back and say this to my
client? He makes reference to attor-
ney's fees. To my mind, it marks the
morality of the man. 1t shows how
desperately he was driven in avariee to
get this $4,000. s
iutely decisive and that is the legal phase
of the question. This sealed letter feature
is device that brands the whole trans
action. It won't answer under the law
that Mr. Bryan did not ask for the gift"
Mr. Bryan rose to his feet as Mr.. Stod-
dard concluded and in stiffness that was
almost oppressive, began speaking. lie
said:
1T is incumbent upon me to respond to
der the head of facts. There has been
nothing in the presentation of evidence to
would be attacked on the ground of I'M
due faith If it had been known that that
point would be presented we would have
presented testimony on that point. There
was no such intimation in the testimony
But l am not surprised at the language
used by Judge Stoddard nor surprised that
he has sought TO draw such differences as
he has l wrote the widow the letter thai
I did because I believed in other causes
than law. I am not surprised that he
fails to comprehend the interest in my
principals which my friend Bennett felt.
There is no cause for secrecy. IN this will.
.Mf. Stoddard seems to feel that every
body should have been invited in when it
was written. But that is not the way
wills are prepared. People don't publish
them nor do they perform their kind
nesses in that manner. During the CAM
paign men Ike counsel for the contestants
declared that did not know the law. that
I was no lawyer at all. but now he has
paid me the compliment of saying that
am a lawyer Let him make every pre-
sumption that can be alleged against
lawyer in such a situation There is no
evidence that Mr.. Bennett ever consulted