The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1903-10-28
Dramatic Scene in the Ben
nett Will Case.
BRYAN Is COOL AND CALM
He Says If Mr.. B.nnelt Could Endure Berg
Maligned For His Political Beliefs He
Can Endure Criticism For Fo,-
lowing 8enasns Wishes.
(By the Associated Press


New Haven, Conn, Oct. 26.-Arguments
in the Philo S. Bennett will case, the tes-
timony in which, including the unsealing
of a letter in which bequest had been
made to William j. Bryan was presented
last week, was heard by Judge Cleveland
in the probate court tonight. Judge Hen
ry Stoddard, of this city, counsel for Mrs
Bennett, the widow; Mr. Bryan in his own
behalf, and Henry G.. Newton, his coun-
sci, addressed the court. In the course of
his argument, Judge Stoddard arraigned
Mr.. Bryan in severe terms Mr. Bryan
in reply said that if Mr.. Bennett could
stand being mahgned for his political be-
liefs, he could endure criticism for allow
ing mis- friends wishes
When court opened counsel for Mrs
Bennett had several documents previous
~ readm the case, so read that they might
become a part of the records, Mr. Bryan
identifying them as they were in turn
handed to him.
One OF the letters which Mr.. Bryan
identified as his was written to Mrs Ben-
nett October 81. In it Mr. Bryan express
ed surprise at the course taken by Mrs.
Bennett in contesting the will. He wrote:
From the conduct of your attorney I
am satisfied that, being one of the gold
Democrats who left~us in 1896 and not at
all III sympathy with the political views
of your husband and myself, he is willing
to defeat Mr.. Benefits purpose if it can
be done.
He says he is satisfied Mrs. Benefits
action is due to the persuasion of law
Yer unfriendly to the political views of
Mr.. Bennett and myself.
After the letter had been read and sub
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 l was convinced that there was more
politics in it than law That covers the
ground
Mr.. Hewitt, associate counsel for Mr..
Bryan, then asked that the will be probat-
ed and as part thereof the letter written
by him to bis wife and found sealed Up.
Attorney tSoddard in his argument re-
ferred 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.. draft of
this provision and framed this letter which
disposed of $4,000 of MI Benefits mon
ey. No member of Mr. Benefits family
was present nor notified of the fact Mr.
Bryan has told your honor that Mr.. Ben
nett wanted to make a different DISPOSE
ton OF the $4,000, to give it to him abso-
lutely. Mr. Bryan would not have it, and
the reason Is plain Mr.. Bryan is law
yer The common law says than when a
lawyer draws a will in which he obtains
benefactl0n he must show that the in
fiuenca which he exerted was not undue.
Is it any wonder then that Mr.. Bryan
found himself confronted with this situa-
ton he would not permit Mr.. Bennett to
make that provision directly to himself,
and SO this subterfuge was substituted in
place of it? But this sealed letter does
not state Mr.. Benefits will It States
Mrs. Bryan's will. solemn letter
addressed to the wife of Mr.. Bennett
secretes from her the fact that $4,000
was going TO the wife of this man. Why
was it? Did it enter into the calculation
that Mrs. Bennett might object? Mr..
Bryan knew perfectly well that the pro-
visions of that section of the will are pre-
scribed by law.
Mr.. Stoddard spoke of the Chicago let
ter as last despairing effort and said
Riyan was desperately driven IN avarice
to get the $4,000
Mr.. Bryan rose to his feet ct Mr..
Stoddard concluded, and III stiffness that
was almost oppressive began speaking. He
said in part:
1T is incumbent upon me to respond
to so much OF the argument as comes |
under the head of facts. | wrote the |
widow the letter that ! did because /
believed other causes than law inspired