The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1903-10-27
BRYAN IS SCORED
JUDGE HENRY sToDDARD SEVERELY
ARaAIGSs THE NEBRAsKAN.
Warm Night Session of the Court That
Is Considering the Phflo $. Ben
nett Will Case.
UNDUE INFLUENCE ALLEGED
NR. BRYAN Is ACCUSED OF COMMIT
TING SERIOUS OFFENsE.
His Act I'm Writing Himself Heir to
$4,000 I'm . Friends VIII Incred-
fbIe for . Lawyer.
SEALED LETTER A DEVICE
THAT BRANDS THE WHOLE TRANS
ACTION, JUDGE sToDDARD SAYS.
surprising Letter from Mr. bryan is
Read I'm Court-The SiIverife's
Reply to Counsel.
His Act I'm Writing Himself Heir to
$4,000 I'm a Friends VIII Inered-
fbIe for q Lawyer.
SEALED LETTER A DEVICE
THAT BRANDS THE WHOLE TRANS
ACTION, JUDGE sToDDARD SAYS.
surprising Letter from Mr.. bryan Is
Read I'm Court-The SiIverite's
Reply to Counsel.

NEW HAVEN. Conn. Oct. 2s.-Argu-
ments In the Philo s. Bennett will case, the
testimony in which. including the unseal-
ing Of letter in which bequest had been
made to William ]. Bryan, was presented
last week, was heard by Judge Cleveland in
the Probate Court tonight Judge Henry
Stoddard, Of this city, counsel for Mrs.
Bennett. the widow. Mr.. Bryan in his own
behalf. and Henry G. Newton. his counsel.
addressed the court. In the course Of his
argument. Judge Stoddard arraigned Mr..
Bryan in severe terms. Mr.. Bryan. in re-
ply. said that IL Mr.. Bennett could stand
being maligned for his political beliefs, he
could endure criticism for following his
friends Wishes.
When court opened counsel for Mrs. Ben
nett had several documents previously read
In the case. re-read so that they might be-
come a part OF the records. Mr.. Bryan,
Identifying them as they were in turn
handed to him. Judge Stoddard Mrs. Ben
nett's counsel. then handed him letter
written Oct q. 1908. at Chicago Mr..
Bryan acknowledged that it was his and
his signature which appeared subscribed to
1t. The letter read as follows:
My Dear Mrs. Bennett find that
have more than an hour between the
rival OF the New York train and departure
OF the Nebraska train. shall employ mo-
recovered from my surprise over the course
taken by your counsel. your niece and
yourself in regard to the money left you in
sst Sear OF ops Of ss roa
Democrats who left US in 1896 and not at
ell In sympathy with the political views OF
defeat Mr.. Bennett's purpose IL 1t can be
done. no matter how plainly that purpose
Is set forth. Your nieces disappointment
remember i his namesake. together with the
fact that your niece and her mother re-
ceived less than was expected seems to
TO attempt to defeat the plain and long
standing plan Of the testator. Disappoint-
ment can also account for the half BROTH
my proposed arrangement gives you prac-
fically as much you could secure by
attackins the 10000 provision vol
about 10000 as long as you needed
ft. when by defeating the will you
would only set absolutely s25,ooo, less
attorneys fees and inheritance tax)-as |
say. you could profit but little. l am sat
fsfed that your action is due to the per-
suasion Of lawyer unfriendly to the politi-
cal views OF Mr.. Bennett and myself and
20 the pursuasion Of the relatives whose
disappointment has made them Indifferent
TO the wishes of their benefactor. Your ex-
tngness Of the relatives of Judge Stoddard
to defeat Mr.. Rennetts purpose has led
me to reconsider my decision on the ex-
ecutorship. / wish you would. therefore.
delay action until further notice. I want to
consider the matter further. ! may decide
to serve until Mr. Sloan is ready to act. for
nected with the administration of the es-
tate: II retire in favor of any one 1
think Ii ought to be some one who sym
/, pathized with his views and purposes. or
Mr.. Sloan. who was designated by him
and who was his intimate associate. I told
accept the sum intended for me personally
but knowing that he gave to his relatives
all that he thought he ought to. 1 am not
willing that they snail defeat his purpose
if I can help IL. and 1 am not willing that
they shall put in my place an executor
who will go into ONCE pledged to try to
defeat the will. Just what / shall do i'm
regard to the executorship I shall decide
before the day set for the probate but
thought had better notify you at once. as
] had told you that l would not serve at
all inclose a notice that You can give
Co Judge Stoddard
You can use your own Judgment about
showing this to any one or keep IL as con-
Adentfal. Please write me as soon as YOU
see the scaled letter. as IL may possibly
clear up the matter. Wishing you health.
am yours truly
MENTIONED BY 'sToDDARD.
After the letter had been read and ad-
mitted Mr.. stoddard asked Mr. Bryan:
what conduct on the part of Mrs Ben
nett's attorney did you refer to in this
letter.
From the FIRST time that talked with
you was convinced that there was more
politics In Ii than law. That covers the
gorund.''
'Havs you any other justification for
writing such letter."
Mr. Hewitt. associate counsel for Mr.
Bryan. then asked that the will be pro-
bs Ted. and as part thereof the letter writ
bx~ l~f n
up. Mr.. Hewitt cited law in support of
the contention that the will found is
valid in law and that other forms called
for by statute have been followed.
Attorney Stoddard then began his argu-
mony. given last week. Mr.. Stoddard. al
luded TO Mrs. Bryans 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.. Ben
nett arranged In Lincoln. Neb.. a draft of
this provision and framed this letter which
disposed OF $4,000 OF Mr.. Benefits money
Sresens msn nor notied Of the fact emy AND no
man associated with Mr.. Benentt in busi-
ness was present or notified OF the fact.
Bennett wanted TO make a different dispo-
sition Of the $4,000. TO give II to him abso-
!uiely. Mr. sryan s would not have IL. and
II has Yer been in this State. nor where
the law ntrois. that a lawyer can write
himself heir to a considerable fortunne in
fhe will OF his fried which he prepares
To permit IL would be disgrace In any
eystem OF Jurisprudence The common law
says that when a lawyer draws a will in
which he obtains a benefaction ne must
show that the influence which he exerted
was not undue. Is IL any wonder then thai
when Mr.. Bryan found himself confronted
with this situation. when this matter came
up between himself and Mr.. Bennett. he
would not permit Mr.. Bennett 10 make that
provision directly TO himself. and so this
eubferfuge was substituted in place of II:
but this sealed letter does not state Mr