New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1903-10-27
". j. BRYAN CRITICISED
Warm Words 7cith Nrs. Benefits
Counsel an Hill Contest.
TBY TELEGRAPH TO THE 7nrRrxy. !

BY TELEGRAPH TO TRIBUNyI
New Haven. Oct. 26-Charges of unfair and
false statements were made by William ] Bryan
tonight in conducting his case in the Probate
Court for the $4,000 bequest in the will Of
Philo ;. Bennett. Counter charges of malicious
ranking because of political differences were
made by ex-Judge Henry SIoddard. counsel for
the widow in the Bennett will contest
Judge Stoddard, in his argument criticised
Mr.. Bryan for putting himself in a will which
he drew up for Mr. Bennett. Mr.. Stoddard ar
gued that there was undue influence on the part
Of Mr.. Bryan. that he entirely mercenary
in his dealings with Mr. Bennett and that the
letters that he wrote showed his morality
Mr.. Bryan fatty accused Judge Stoddard of
being a deserter from the Democratic ranks in
1896 and told him. with fist the table. that
he believed his only reason for carrying the
contest his hatred for the principles for
which Mr.. Bennett lived"
The arguments We're full of personalities
both sides Mr.. Bryan reiterated his statement
that he would receive the money only Mrs
Bennett desired. but that he was not willing that
relatives should defeat Mr.. Benefits wishes
The argument over the probation of the sealed
letter lasted until past midnight.
Judge Stoddard read a letter written by MI
Bryan TO Mrs Bennett October ~. 1903. in
which he speaks of her counsel d Gold Tenlo-
crat who left US in 1896 and was not at all in
sympathy with the political views Of your hus-
band and myself" Mr. Bryan said he was salts
fed Mrs. Benefits action was due to the per-
suasion Of lawyer unfriendly to the views OF
/ Mr.. Bennett and himself. Referring to with
/ drawing executor he wrote. i am not willing
that they shall put in my place an executor who
/ will go into office pledged to try to defeat the
will"
Mr.. Hewitt. associate counsel with Mr.. Bryan.
! asked that the Will be probated. Judge Stou-
/ dard then began his argument. saying:
Mr.. Bryan and his wife. with Mr. Bennett ar
| ranged In Lincoln Neb., draft of this provision
/ and framed this letter which disposed Of $4,000
/ or Mr.. Benefits money. No member Of Nh
Benefits family was present, notified Of the
| fact. and no man associated with Mr.. Bennett
/ IN business was present notified Of the fact.
/ MI Bryan has told your honor that Mr.. Ben
nett wanted to make a different disposition of
D the $4,000, to give IT to him absolutely Mr..
Bryan would not have it. and the is
/ plain Mr. Bryan is lawyer. It has never
been in this State nor where the law controls
that lawyer can write himself heir to a con-
siderable fortune in the will Of his friend which
/ he prepares. To permit il would he a disgrace
in any system Of Jurisprudence. The common
which he obtains a benefaction he must show
that the influence which he exerted not IN
due The man of experience in this world knows
tnat II won't DO for lawyer to draw his friends
will and write himself the heir. Is it any Won
der. then, that when Mr.. Bryan found himself
confronted with this situation, when this matter
came up between himself and Mr. Bennett, he
would not permit MI Bennett TO make that pro-
vision directly to himself. and so this sub
terfuge was substituted in place Of it?
But this sealed letter does not state Mr.. Ben
netts will II states Mr.. Bryans will II was
Mr. Bryans desire that Mr.. Bennett yielded TO-
Why, no man knows. That sealed letter speaks
falsely. for IL does not tell the truth of the ar
rangement between Mr.. Bennett and Mr. and
Mrs Bryan A solemn letter addressed 10 the
wife of Mr.. Bennett secretes from her the fact
that $4,000 was going to the wife Of this
Why was it? Did it enter into the calculation
Bennett object
. knew perfectly well that the provisions of that
section of the will are prescribed by law In
the shadow of her husbands death Mr.. Bryan
made an offer TO Mrs Bennett that when as
trustee she should pay TO him the $4,000 be-
quest ne would do certain things set forth in his
letter TO her read in the testimony a few days
ago. He said he did not anticipate contest.
That is incredible in a lawyer writing himself
. heir to $4,000 in a friends will. The letter
! which he wrote foreshadows that he feared a
( contest. That letter introduced here tonight
/ after the contest had come when il appar
/ ent that he was not going to get that money,
/ caused him 70 make one last despairing effort
/ to get that widow TO permit him TO do as he
; pleases with the $4,000.
Except I saw it under his own handwriting it
would be incredible that any lawyer could write
such a letter this. What right mas Mr.. Bryan
to intimate that 1 am unfaithful 70 my client
/ that I unfair my oath Of Office because
Of some miserable difference in political beliefs7
/ Why does he go behind my back and say this to
my client? He makes reference TO attorneys
/ fees and underscores IL. To my mind il marks
/ the morality Of the man. II shows how des-
( perately he was driven IN avarice 70 get THIS
/ $4,000.
After Mr.. Stoddard had asked the court TO
/ disregard the so-called sealed letter and the
] paragraph in the will referring TO it. Judge
| CIeaveland announced that he reserved his
/ decision and adjourned court ii being midnight.
+ Mr.. Bryan followed with long speech de-
scribing the circumstances surrounding the will.
| and closing with tribute to his friend Mr. Ben
nett.
| Lincoln. Neb. Oct 26-Mrs. ". J. Bryan de-
| MES the statement that she will go New
| Haven. Conn., for the purpose Of testifytng IN
| the Bennett will case.