Evening star. [volume] (Washington, D.C.) 1854-1972, 1904-03-31
Judge eager Rejects Sealed
Letter as Evidence.
EXCEPTION WAS NOTED
IMMEDIATE RULINGS ASKED BY
MRS. BENEFITS ATTORNEY.
Lincoln Claimant Takes the Stand, but
All Questions Asked by Solicitor
Are Ruled Out.

NEW HAVEN, Conn, March 31-A de-
cision rejecting as evidence the sealed let
ter by which William ]. Bryan was TO be
given $4,000 from the estate Of the late
Philo s. Bennett was given today by Judge
eager in the superior court when the hear
ing on Mr.. Bryan's appeal from the decision
of the probate court declining to admit the
sealed letter. to probate was resumed.
Judge eager said the letter was DISPOSE
tive in character, and therefore came with
in the statute governing wills, which de-
mands that every paper that is codicil or
testamentary must be attested by three
witnesses. He holds that the admission of
the sealed letter would override that stat
ute. The court said there was nothing de-
scriptive in the will, except this phrase:
1.-THE sealed letter which will be found with
my will"
Therefore there is nothing whatever to
Identify the sealed Letter as that referred
to in section IL of the will, no earmark to
show that this was the letter the testator
had in mind when he prepared the will
Asked Exception to Ruling.
Immediately after the decision was an
nounced Attorney Newton for Mr. Bryan
asked for an exception to the ruling. Judge
Stoddard, counsel for Mrs. Bennett, sug-
d
questions at once, as he thought 1t would
be for the best interests of the litigants to
get rulings on all points that could be ruled
upon before the case should go up to the
supreme court Judge eager then declared
a recess.
When the recess ended Mr.. Bryan was
called to the stand by Attorney Newton.
Mr.. Newton said that to make the ruling
OF the court clear he wished to offer In
evidence exhibits B (the sealed letter. and
nf h. 1aI 1-A&1
ton taken together, and, in connection with
these evidence tending to prove that neither
Of these exhibits was obtained by fraud or
n stake or by undue influence: that it was
the original desire of the testator that the
bequest of $4,000 should be made directly
by will; that 1t was at the suggestion and
request of Mr.. Bryan that the gift was
made conditional, and that 1t was for that
reason that exhibit and exhibit c were
made In the form that they were.
Court Rules Out Questions.
Attorney Newton asked Mr.. Bryan: "What
to the bequest of $4,000 at the time of the
drawing of the will?'
Question excluded.
Mr.. Newton: When did Mr. Bennett first
speak to you If at all, about the will?''
Objection by Mr.. Stoddard, and the ques-
tion was explained.
Attorney Newton attempted to ask sew
ter to all of which Mr.. Stoddard objected
Judge eager ruled them out one after an
other.
Judge eager said, when Attorney New
ton asked for specific ruling: 1.-The ruling
having been made and the sealed letter hav-
Ing been excluded, am little at loss, on
the reasons of the appeal as they stand, to
see what appeal is open.'
Judge Shuts Off Questions.
1t was supposed that Judge Gager's re-
mark had reference to the intention of Mr..
Bryan's counsel to appeal to the supreme
court, though no formal notice of this in
tention had been given.
Attorney Newton attempted to ask an
other question OF the court when Judge
eager said: This Is a court of law. I am
not here to be interrogated."
Mr.. Bryan left the stand and conferred
with Mr.. Newton.
isn't this most extraordinary proceed
Ing" Judge Stoddard started to say.
don't think need hear you, Mr. Stod-
dard."