The Mitchell capital. (Mitchell, Dakota [S.D.]) 1879-1918, 1903-10-30
SCORES BRYAN IN COURT.
Accused Of Exercising Undue influences
in Making the Bennett VIII.


New Haven, Conn.,, Oct 2s.--William
J. Bryan, beneficiary to the extent of
$50000 by the will of the late PhiIo s.
Bennett, was accused Of improper in-s
fuence in making the Will, during ar
guments before Judge Cleveland. The
case has attracted the widest interest,
and the relatives of Mr.. Bennett are
making determined effort to break
the will. Mr.. Bryan has taken the POI
sition that the counsel for Mrs. Bennett
have been actuated by political motives
in opposing the Bryan bequest A let
ter written by Mr.. Bryan to Mrs. Ben
nett, on October 81, said as much
plainly. 1t was read and made a doc
ument in the case, after being identified
by Mr.. Bryan. The letter follows:
A Remarkable Letter.
Chicago, Oct 21-My Dear Mrs. Ben
nett: find that have more than ans
hour between the arrival of the New
York trains and the departure of the
Nebraska train, and l shall employ a.
moment in writing to you. / have not
yet recovered 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 con-
duct of your attorney I am satisfied
that, being one of the gold democrats
who left us in 1896 and not at all in
sympathy with the political views OF
your husband and myself, he is willing
to defeat Mr.. Benefits purpose, If 1T 4
can be done. no matter how plainly that
purpose is set forth. Your niece's dis
appointment at Mr.. Bennets failure
specifically to remember his namesake,S v
together with the fact that your niece
and her. mother received less than was
expected, seems to have Influenced that
branch of the family to attempt to de-
feat the plain and long standing plan
of the testator. Disappointment can
also account for the half brothers will
lingness to defeat the will, but as my
proposed arrangement gives you prae-3
tically as much as you could secure by
attacking the $4,000 provision q vol
unfairly offered you the income on
about $4,000 as long as you needed it
and did noD, and by defeating the
will you would only get absolutely
S25, 600, less attorneys fees and tn-9.
heritance tax; and, as say, you could
profit but little. I am satisfied that
your action is due to the persuasion
Of a lawyer unfriendly to the political
views of Mr.. Bennett and myself and
to the persuasion of the relatives
whose disappointment has made them
Indifferent to the wishes of their bene-8
factor
Your expression of confidence in me
and the willingness of the relatives of H
Judge Stoddard to defeat MIR. Benefits
purpose has led me to reconsider my
decision on the eXecutorship. wish
you would, therefore, delay action until
further notice. 1 want to consider the
matter further. 1 may decide to serve
until Mr.. Sloan is ready to act, for ~
want friend of Mr. Bennett connected
with the administration of the estate Il
If retire in favor of anyone I think &
it ought to be someone who sympa-
thized with his views and purposes, or
INct tod 1Nxy1 h
and who was his intimate associate. -
told you that I would not, against your
wish, accept the sum intended for me-
personally, but knowing that he gave
to his relatives all that he thought ne
ought to- I am not willing that they
shall defeat his purpose II l can help
it, and am not willing that they shall
put in my place an executor who will
go into the office pledged to try to de-
feat the will. Just what shall do IN I
regard to the executorship | shall de-
eide before the day set for the probate,
but I thought [ had better notify you
at once, as had told you that T.
would not serve at all. I enclose no.
tice that you can give to Judge Stod-ss
dard You can use your own judg-s
ment, showing this to any one or keepi
it as confidential. 33
Please write to me as soon as, you see.
the sealed letters, as they may possibly
clear up the matter Wishing you
health, l am yours truly tt;3
w. j. Bryan. !.
Mr.. Bryan Arraigned.
Judge Stoddard, counsel for Mrs. Benz
nett attacked Mr.. Bryan bitterly, ALL
leging undue influence. Mr.. Bryan re-t
piled in his own behalf that if his de-!3
ceased friend (Mr. Bennett) could bei
maligned for his political views, hel
(Mr. Bryan) could stand being Inisrep-i
resented for his. Mr.. Bryan admitted
writing the letter, and said he wrote 1t
because he had been fully convinceds
that there was more of politics than Of
law in the opposition to him in the mat
ter Of the Bennett will. The case was
taken under advisement by Judge
Cleveland
MILLS SONS &IQQ