The daily morning journal and courier., 1903-10-27
BENNETT WILL ARGUMENTS.
ET.JUDGE STODDARD STRONGLY ATTACKS BRYAN.

LAsO UDGE SIODDA hD SIhOAN1k ATTACKS BRYAN
 Says That He and His Wife Used Undue
 Influence on MT. Bennstt-Aiso That
 He Had Not Acted Honorabiy i'm His
 Relationship with Mir. Bennett
 Introduces Letter in Which Bryan
 Made Personal Attack on Him-Mr.
 Bryan's Reply.
 The closing hearing in the probate court of the Bennett will case was held in the rooms of the court of common pleas at 7:3O last evening and lasted until nearly F o'clock last evening. Never has more distinguished audi ence assembled in a court room in this city than was present at the hearing last evening. The attendance num- bered about three hundred and included judges of the higher courts in the state, lawyers in abundance, and many busi- ness men. There was also goodly att tendance of ladies who watched the proceedings with interest and care.
 Although it was supposed that all the evidence had been submitted at the last hearing and that the session last eyen- ing was to be devoted entirely to argu- ments, some little time was spent when court convened to the introduction of additional testimony and the cross ex- animation of MT. Bryan by Attorney Stoddard.
 Judge Stoddard first cross questioned the witness in reference to the original letter dated September 9th, 1903, and which was sent to Mrs. Bennett by MT. Bryan, in reference to his carrying out Newton asked MT Bryan if at the time that letter was written there was any intimation of a contest.
 MT. Bryan replied: NO sir" and said that he might explain that he under stood that Mrs. Bennett was interested in the education of the niece and that she thought that proper provision had not exactly been made for her but with this exception there was no signs of any future contest
 MT. Bryan then spoke about how well taken care of many of the deceased s employees had been, and he also said that he thought that Mir. Bennett in tended to do something for Rev. MT. Irvine's church.
 Said MT. Bryan: The first intimation I had of any contest was two or three days before the will was presented for probate. Those directly interested in the will held a meeting about this time and 1t was agreed that it was proper that the will should be probated in this city. went to New York city to get the will and spent two days there try ing to do so, from October 7th to 9th. showed MT. stoddard my copy of the letter in reference to the $50,000 and he said that if. the original was sthe same there would be a contest"
 Some d.scussion then arose between Judge Stoddard and MT. Bryan about the letters which have been read. MT. Stoddard said that he wished them kept in the state as, in case he had to again refer to them he did not want to have to go out to Nebraska to do so.. MT. Bryan said that he was per fectly willing to leave them with the court, as long as they were returned to him when all concerned had finished with them.
 Judge Stoddard then said: MT. Bryan did you write the following let ter?" and on MT. Bryan saying that he did Judge Stoddard read 1t as follows:
 Chicago, H., Oct. F, 1903. My Dear Mrs. Bennett:
 find that have more. than an hour between the arrival of the New York trains and the departure of the Nebras- ka trains and I shall employ a moment in writing to you. I have not yet re- covered from my surprise at the course taken by your counsel, your niece and yourself in regard to the money left you in trust. From the conduct of your at torney am satisfied that, being one of the gold democrats who left us in 1896 and not, at all in sympathy with the po- 1itical views of your husband and my self, he is willing to defeat MT. Ben- nett's purpose if it can be done, nc matter how plainly that purpose is set forth Your niece's disappointment at MT. Bennett's failure to specifically re- member his namesake, together with the fact that your niece, and her moth- CT received less than was expected seems to have influenced that branch of the family to attempt to defeat the plain and long standing plan of the testator.
 Disappointment can also account fo1 the half brothers willingness to defeat the will but as my proposed arrange ment gives you practically as much as you could secure by attacking the $50,- 900 provision q voluntarily offered you the income on about $20,000 as long as you needed it and I did not) and by defeating the will you would only gel absolutely $25,000 Qess attorneys fees and inheritance tax) as, I say, you could profit but little. I am satisfied that your action is due to the pursua- sion of a lawyer unfriendly to the po- Iitical views of MT. Bennett and myself and to the pursuasion of the relatives whose disappointment has made" then indifferent to the wishes of their bene- factor Your expression of confidence in me and the willingness of the rela- tives and Judge Stoddard to defeat MT Bennett's purpose has led me to recon. ssder my decision on the executorship I wish you would, therefore, delay ac. tion until further notice. I want to con-