The Montgomery advertiser., 1903-10-27
ARGUMENT ON BENNETT WILL Bryan Speaks His
 Own Beba.
 7ys JUDGE RESEP 2 $ OPINION
 4- Counsel for Widow Severely ArraignS NebraSkan. Asks Court to Set Aside the Sealed Letter and the Paragraph in
 the will Referring


 in the PhiiofS. Bennett will case, the tes- timony in which included the unsealing of letter in which a bequest had been made to William J. Bryan. were heard by Judge Cleveland in the Probate Court to- night.
 Judge Henry stoddard of this city. coun- sel for Mrs. Bennett. the widow. MT. Bryan. in his own behalf. and Henry G. Newton. his counsel, addressed the court. In the course of his argument. Judge Stoddard arraigned Mr. Bryan in severe terms. Mir. Bryan, in reply. said that if MT. Bennett could stand being maiigned for his political beliefs, he could endure criticism for following friends wishes.
 After MT. Stoddard had asked the court to disregard the so-caIled sealed letter and the paragraph in the will referring to 1t, Judge Cleveland announced that he reserved his decision and adjourned court. it being midnight
 When court opened Judge stoddard. Mrs. Bennett's counsel, handed Mfr. Bryan a letter written October H, 1908, at Chi cago.
 MT. Bryan acknowledged that it was his handwriting which appeared subscribed to 1t. The letter was in part as follows:
 My Dear Mrs. Bennett:
 'I have not recovered from my surprise at the course taken by your counsel. your neice and yourself in regard to the money left you in trust. 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 in sympathy with the political views of your husband and my self, he is willing to defeat MT. Bennett's purpose, if it can be done. no matter how plainly that purpose Is set forth. Your neice's disappointment, at MT. Bennett's failure to specifically remember his name sake, and the fact that your niece and her mother received less than was ordered. seems to have influenced that branch of the family to attempt to defeat the plain and long standing plan of the testator. T am satisfied that your action is due to the persuasion of a lawyer unfriendly to. tho political views of MrA Benuetts and myself and that the persuasion of the re- fatives whose disappointment has made them indifferent to the wishes of their benefactor. Your expression of confidence in me and the willingness of the reia- lives of Judge Stoddard tp defeat Mir. Bennett's purpose has led me to recon sider my decision on the excutorship wish you would therefore detain action until further notice. l want to consider the matter further"
 After the letter had ben read and ad- mitted Mir. Stoddard asked MT. Bryan:
 What conduct on the part of Mrs. Ben- nett's attorney did you refer to in this letter9"
 Prom theefrst time I talked with you was convinced that this had more poli- tics in 1t than law. That covers the ground"
 Have you any other justification for writing such 6 letter2''
 That Is sufficient
 MT. Hewitt, counsel for Mr. Bryan then asked that the will be probated, and as part thereof. the letter written by him to his wife and friend be sealed up
 Attorney Stoddard in his argument re- ferred to the fact that both MT. and Mrs. Bryan are lawyers. He said in part:
 ''Mr. Bryan and his wife, with MT. Ben nett arranged in Lincoln a draft of this provision and framed this letter which disposed of $50,000 of Mir. Bennett's money. No member of MT. Bennett's family was present or notified of the fact. MT. Bry- an has told your honor that Mir. Bennett wanted to make a different disposition of the $50,OOO, to give it to him absolutely MT. Bryan would not have 1t and the req son is plain. MT. Bryan Is lawyer. The common law says that when a lawyer draws a will in which he obtains a ben- eft, he must show that the influence which he exerted was not undue. Is 1t
 
 found himself confronted with this situa. tion he would not permit MT. Bennett to make that provision directly to himself and this subterfuge was substituted in place of 1t, but this sealed letter does not state MT. Bennets will. It states MT. Bryan's will. It was Mir. Bryan's desire that Mir Bennett yielded to.
 "A solemn letter addressed to the wife of MT. Bennett secretes from her the fact that $1000O was going to the wife of this man. Why was it? Did it enter into the 1ect? MT. Bryan knew perfectly well that the provisions of that section of the will are prescribed by law"
 Mir. Stoddard spoke of the Chicago let- ter as a last despairing effort and said MT. Bryan was desperately driven in avarice to get the $50,OOO. Except I saw 1t in his own handwriting" he said. Tt would be increditable that any lawyer could write such a letter as this. To my mind it marks the morality of the man.
 "This sealed letter feature is device that brands the whole transaction. It won't answer under the law Mir. Bryan did not ask for the gift.
 MT. Bryan arose to his feet as MT. Stoddard concluded and in stiffness which was almost oppressive. began speaking. He said in part;
 ''It is incumbent upon me to respond to so much of the argument as comes un- der the head of fact. 1 wrote the letter that I did, because believed that other causes than law inspired him. There Is no cause for secrecy in this will. Mir. Stoddard seems to feel that ev- erybody should have been invited in when the will was made. There is no evidence that MT. Bennett ever consulted me upon law matters Our friendship was person. al, political and in the way of business. '
 For the remainder of his speech MT Bryan discussed MT. Bennetts return to New York; how he executed the will and left 1t in a safe deposit vault without alteration three years, although he had every chance to make changes
 Attorney Newton argued the law for MT. Bryan's contentious. Judge Stoddard then moved that the sealed letter and the clause in the will relating to 1t be dis regarded in probating the will. Decision was reseryed