The Denison review. [volume] (Denison, Iowa) 1867-current, 1903-11-04
y2|RGIATS TAXI A TOWN. ARGUING bennett WILL
Lawyer for Widow Arraigns W.
bry III IN Severe Terms,
UNDUE INFLUENCE,

CHARGES UNDUE INFLUENCE.
hebraskan in sepIy Declares Attor-
ney is Aotuared in His Attack by
Political Motives--speaks in Be
half of win.
New Haven, Conn, Oct 27.--Argu- |
ments in the Philo S. Bennett viii /
case, the testimony in which, inciud-
! ing the unsealing of letter in which
a bequest had been made to William
! j. Bryan, was presented last week.
were heard by Judge Cleveland in the
probate court. Judge Henry Stod-
dard OF this city, counsel for Mrs.
/ Bennett, the widow, Mr.. Bryan in his
own behalf and Henry 6. Newton, his
4 counsel, addressed the court, in ms
argument Judge Stoddard arraigned
MI. Bryan in severe terms. Mr.. Bryan,
in reply, said that if Mr.. Bennett
could Stand being maligned for his po-
litical belief he could endure criticism
for following his friends wishes.
There was introduced in evidence a
letter written by Mr.. Bryan to Mrs.
Bennett. in which he told her thar he
believed Judge StGddard was actuated
by political motives in urging her TO
fight The viii and that he had decided
to serve as executor. He proposed an
errangement whereby the widow
would get mere than she could by
fighting the viii.
Mr.. Hewitt, associate counsel for
Mr. Bryan. asked that the will be
probated and as part thereof the let
ter written by him to his wife and
found sealed up Mr.. Hewitt cited
, law in support OF the contention that
the will as found was valid in law, and
other forms called for by statute have
been followed Attorney Stoddard
then began mis- argument. After re-
viewing Mr. Bryan's testimony given
last week. Mr.. Stoddard referred to
Mrs. Bryan's training in law and to
t the fact that Mr.. and Mrs Bryan are
t lawyers He said in part:
''Mr. Bryan and his wife with Mr.
| Bennett, arranged in Lincoln, Neb., :
, draf- of this provision and framed this
\ letter which disposed of $4,000 =
, Mr.. Bennett money. Mr.. Bryan has
/ told your honor that Mr. Bennett
wanted to make a different disposi
}. ton of the $4,000, to give it to him
;. absolutely. Mr.. Bryan would not har
: 1t and the reason is plain. Mr.. Bryan
" is a lawyer The common law says
s that when a lawyer draws will in
j. which he obtains a benefaction he
s must show that the influence which
t he exerted is not undue. Is it any
n wonder, then, that when Mr. Bryan
@ found himself confronted with th''
r situation, when this matter came vi
between himself and Mr.. Bennett, he
would not permit Mr.. Bennett to make
!. that provision directly to himself, ant
q SO this subterfuge was substituted il
y place of it, What right has Mr.
l. Bryan to intimate that am unfaithfu
If to my client or that l am unfair L
a. my oath OF office because OF SOM
e miserable difference in political be
e lief? Why does he go behind m.
g back and say this to my client? H
r makes reference to attorneys fee
S and underscored it. To my mind
n. marks the morality of the man.
is shows how desperately he was drive
10 in avarice to get this $4,000"
Il Mr.. Bryan rose to his feet as MI
e. Stoddard concluded and in stillnes
a that was almost oppressive bega
speaking He said in part: II al
not surprised that Judge Stoddar
fails to comprehend the interest
10 my principles which my friend Bel
le nett felt There is no cause for Sc
W recy in this will. Mr. Stoddard seem
~ to feel that everybody should hav
70 been invited IN when it was writer
81 But that is sot the way Wills are pr
We pared. Pes lie don't publish it in pu
ne lie notices. nor do they perform the
III kindnesses in that manner. DMir
%, the campaign men like counsel II
ef the contestants declared that did NJ
nj know the law, that was no lawy'
lei at all, but now he has paid me IL
Is compliment of saying that am la
al yer. Let him make every presum
ton that can DO alleged against la
yer in such . situation. There is !
evidence that MIR. Bennett ever co
suited me- dpon law matters o.
~ friendship rs personal, political al
~ in the way of business.
~. Mr. Bryan continued his speech
is' moro than an hours length with
S tribute to NJ Benefits character al
~; memorv and said that if his friel
- ~, could endure criticism througho
~ two bitter campaigns in championsh
~. of him and the principles they DO
-. dea~ly held. he would not be nntr
.is to tho trHst that friend imposed
- him ezen o'lgh he became subje
'"' Cd to nvective and criticism.
After MI Stoddard had asked t
court to disregard the so-called seal
raj letter ard the paragraph in the W
u. refarr;pc "a it Judge Cleveland