The semi-weekly messenger. [volume] (Wilmington, N.C.) 1897-1908, 1903-10-30


New Haven, Conn. October 26.--Ar-
guments in the Philo S. Bennett VIII
case, the testimony in which includes
the unSealing of a letter in which a
beQuest had been made to William j.
Bryan was presented last week, Was
heard by Judge Cleveland in the pro-
a t court tonight. Judge Henry Stod-
dard, of this city, counsel for Mrs.
Bennett the widow. Mr.. Bryan in his
own behalf, and Henry CT. Newton, his
counsel, addressed the court. In the
course of his argument Judge Stod-
lard arraigned Mr.. Bryan in severe
terms. Mr.. Bryan in reply, said that
if Mr.. Bennett could stand being ma
ligned for his political beliefs. he could
endure criticism for following his
friends wishes.
When court opened, counsel for Mrs.
Bennett had several documents pre-
yiously read in the case, read so that
they might become a part of the re-
cords. Mr.. Bryan Identifying them as
they were in turn handed to him.
One of the letters which Mr.. Bryan
identified IS his was written to Mrs.
Bennett October list In it Mr.. Bryan
expressed surprise at the course taken
by Mrs Bennett in ~contesting the Will.
He wrote: From the conduct Of your
attorney, I I'M satisfied that, being oae
OF the gold democrats who left us in
1896 and not at all in sympathy with
b political views of your husband
and myself. he is willing to defeat Mr..
BennetrS If it can be lone"
HE says that he is satisfied that MIS-,
Bennett's action is u to the "persua-
ton of a lawyer u~nfriendly to the po-
litical views of Mr.. Bennett and my
self"
After the letter had been read n
admitted Mr. StOddard asked MIR.
Bryan: What conduct on the part of
Mrs. Bennett did you refer to in this
letter?"
From the first time that 1 talked
with yOu l was convinced that there
was more politics IN it than law
That covers the ground"
Mr.. Hewitt. associate counsel fol
Mr.. Bryan then asked that the will
be prObated. II as part thereof, The
letter written by him to his wife and
found sealed UP.
Attorney Stoddard in his argument
referred to both Mr.. and Mrs. Bryan
as lawyers. He said IN part:
"Mr. Bryan n his wife, with Mr..
Bennett. arranged in Lincoln, Neb., a
draft of this provision and framed this
letter which disposed of $50. 900 of Mr..
Benefits money. No member of Mr..
Benefits family was present. nor no.
titled of the fact. Mr.. Bryan has told
you honor that Mr.. Bennett wanted
to make a different disposition of tGe
$50. O00, to give it to him absolutely.
Mr.. Bryan would not hav it. and the
reason is plain. Mr.. Bryan is a law
yer. The common law says that when
a lawyer draws u Will in which he o5-
tains a b~enefaCtion. he must show the
influence which he exerted was not
undue. Is it any wonder then that
when Mr.. Bryan found himself con
fronted with this situation he would
o permit Mr.. Bennett to make hat
provision directly to himself. and so
this subterfuge was substituted in
place OF it? But this sealed letter
does not state MIR. Benefits will. 1t
states Mr. Bryan's Will. y solemn
letter addressed to the wife Of Mr..
Bennett. SecreteS from her the facr
that $4,000 vas going TO the wife Of
this mar Why was 1t? Did it enter
into the calculation that Mrs. Bennett
might object? Mr.. Bryan knew per-
fectly we'll that the provisions of that
S~NNASAE ~ ~ - - $500 ASNN ~
law.
Mr.. StOddard spoke of the Chicago
letter as n last d~espairing effort an
SAID Bryan was desperately driven IL
avarice to get the $50. 900.
Mr.. Bryan rose to his feet as Mr..
StOddard concluded. and in stiffness
that was almost oppressive began
speaking. He said in part: 1T is m
cumbent upon me to- respond 10 -
much OF the argument as COmes und1T
the letter that l did because l believed
other causes than law inspired hin
There is no cause for secrecy in this
will. Mr.. StOddard seems 10 feel thar
everybody should have been invited III
when il was written. But that Is not
the way wills are prepared. There is
no evidence that Mr.. Bennett eve
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 IL
turn TO New York. how he executed
the Will. placed il in a safe deposit
vault and left it there without altera-
ton three years. although he haC
changes as he might have desired.
Attorney Newton argued the law fol
Mr.. Bryan'S contention.
Judge StOddard then moved tina
the sealed letter and the clause in III;
VIII relating TO il be d~isregarded il
p~rObatiuG the will.
Decision was reserved.
Fire T. the white Star Iiuer CaIt;,