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14
The Commoner.
VOLUME 3, NUMBER 42.
taking the part of the half-brother.
In Connecticut, I believe, according to
tiio laws of Connecticut, the half
brother would not be entitled to any
thing at all but for tho will. Where
there are heird of rull blood, as I un
derstand it, the half-brother is ex
cluded, but Philo Bennett did not fall
back upon the laws of Connecticut, he
was more generous to his half-brother
than Connecticut's legislators would
have made him, and what did he do?
Gave to tho half-brother $12,500 di
rectly, to his wife, $3,000, and then
inado him -the residuary legatee of a
fund estimated that his part would be
$12,500, $28,500 left to the half-brother
who, under tho laws of this state,
would have had nothing at all if there
had been no will.
And then these heirs holding in
their hands the benefactions of their
relative, come into court to defeat
tho will of the man who gave them
tho money and to tako what they
know ho never intended them to have.
That is tho justice in tnis case.
I have stated here, that if this will
Is held to be good and this money is
given to me under these provisions
I shall not without the consent of
Mrs. Bennett apply one dollar of it to
myself or to my family. The judge
(Judge Stoddard) seems to think that
he is going to have a chance to act as
attorney for my family and compel
me to take this monoy and give it to
them, oven though I desire to follow
tho alternative provision in Mr. Ben
nett's will. I trust that he will allow
mo to take care of my own family. I
.trust that he will allow me to settle
that question with them.
I have stated in court my purpose in
this matter, and, your honor, I don't
know how I can make it any more
oinding than that; but I think it is
not unfair to say that when I make
that statement I have more at stake
fcan my friend (Judge Stoddard) would
have if he put up any kind of security
that he himself might suggest; and it
is a gratuitous suggestion that I am
not bound by it. Mr. Bennett did not
think it necessary to bind me, and I
prefer to retain the memory of his
confidence than to secure the -good
opinion of one who hated every prin
ciple for which Mr. Bennett and I
contended in politics.
""Keference has been made to the let
ter written to Mrs. Bennett It-is rep
resented by the judge as a suggestion
of compromise. I have stated that
until the contest was suggested in his
office, on the day the will was pre
sented to court, more than a month
after this, there was never a sugges
tion of contest from either Mrs. Ben
nett or from the heirs. That letter
was written on the fifth, day of Sep
tember. "We had talked over the let
ter and its provisions, and, as I
stated, we had discussed the fact that
thoro was no provision made for the
nfece of Mrs. Bennett in whom she
was interested, none made for a
brother at the store, who might feel
something said about the form of it;
but when the form proposed by Mr.
Bonnett was direct and specific and
would ' certainly have taken it away
from those who now claim it, can they
rise up and say that because it was
made indirect -wo were trying to
cheaf them out of it,- or to defraud
them out of it? In my testimony I
have given tho history of this trans
action. I have been open to question.
I have been anxious that any question
might be asked. They have all tho
letters I have written to Philo Ben
nett, if he preserved them. They are
in their possession. If, in all that
correspondence, there is one word that
can be brought out to throw discredit
upon this claim, do you doubt, your
honor, from what you heard, that my
good friend would bring it out? Or
has he concealed it out of considera
tion for me?
This is the story of the transaction.
I regret that wo haye not had notice
tnat would enable us to present all
the facts that might be presented in
this discussion this evening. L have
thought it necessary that I should re
fer to the facts as they have been
brought out through my testimony be
cause my counsel was not selected uti
tll after the testimony was in. Here
is the story; here is the proposed gift
Because he was interested in educa
tion, he provided for education; in
terested in the education of boys, he
provided for their education; inter
ested in the education of girls, he
provided for it; interested in tho
study of the science of government,
ho provided for it; and, Interested in
tho principles of government in the
principles and policies that he had
labored for in the face of great oppo
sition, he made this provision, as he
said, to enable the one to whom the
money was to go to more freely and
fully devote himself to this field of
labor. It may have been a mistake for
Mr. Bennett to have felt as he did
about those principles; it may have
been a mistake for him to nave naa
confidence in the one to whom he gave
tho money with the object not to help
the individual, .but to help the cause In
which both he and the individual were
interested and in the advancement of
which they were linked together. It
may have been a mistake, but, as I
understand it, the testator has the
right to use his property as he pleases.
Just a word as to tho date of the
letter to Mrs. Bennett The letter
says: "In my will, just executed,"
and I would emphasize that language
because that is the language used In
tho form from which the letter was
written, and the form was in exist
ence at least two days before the will
was executed. The will speaks of "a
sealed letter which will be found with
this will." Judge Stoddard argues
that the language indicates that the
letter was not then in existence. Well,
could he have spoken of a letter that
"had been found?" What other word
could be used there? Does the word
slighted because other clerks were re- "will" imply that It had not yet been
mombered and he was not, and we
talked of the church in which Mr. Ben
nett was Interested. Mrs. Bennett
never asked that I make any provision
out of my part It was a suggestion of
in. bwn. And not only that; but after
suggesting that these specific sums
should be naid. I suggested that I
would invest my part, and while I did
not need it myself, while my health
was good, that she could have the use
of It if she needed it, and the letter
" says that she shall determine whether
she needs it or not
Have I been unfair In this matter?
If tho bequest had been made direct
as Mr. Bennett suggested, it could not
have been questioned. Is there any
doubt as to what ho Intended? Not
a doubt The letter was drawn up
there? Why? Because I proposed a
different plan from that which he
proposed. Now, if it had not been in
tended originally that this should come
to -mo, then there might have been
written? "A sealed letter which will
be found with this will" when would
the will bo found? Not just then, but
after his death. And the language re
fers to a thing that had been com
pleted; and there is no doubt as to
how that money was to be disposed of.
I repeat that the evidence shows
that if it had not been given to me, if
it was not to be used by me, it was
no1; to go to the relatives. It was to
go to those institutions. The relatives
had provision made for them. This
money was not to go to them, but, in
case It did not come to me, in case I
would not accept it to carry out this
purpose in a political way, as an al
ternative, he said it was to be distri
buted by me to charitable and educa
tional institutions.
And now, your honor, I have said
all that I care to say. I have not
from the beginning seen anything that
I could In honor do except to carry
out th.e wishes of this man, Was he
'my friend? Read the letters that you
have there. Let me read one letter,
that of December 5, 1900, addressed to
my wifo. The first letter from him
was written before the first campaign
closed. This letter was written after
the second campaign closed. More
than fouf years had elapsed, and. this
is tho only reference, so far' as I can,
lecollect that he ever made to tlmt
will after it waB drawn that is, to
me 01 In my presence. He said:
"1 am sure you and Mrs. Bryan '
Kx.ow how deep and endearing my
friendship is for you both, for I en
deavored to make It clear when at
your home. Now that the defeat has
come, my sympathies go out to Mr.
Bryan more than ever. He did so
much and worked so hard, his ideals
are so high. (Pardon me, this is Mr.
Bennett's opinion, not the opinion of
my good friends here), his ideals are
so high, and his interest in the masses
so great that I think more of him
now than ever before. When I think
of the two great battles he has so ably
fought and the forbearing spirit he has
shown ... I am not alone in "this
feeling. Thousands of others love your
husband for the brave and intelligent
fight he has made for tho people." . . .
I quote this to show that, after four
years of discussions of all the ques
tions that we were interested in, that
after we had passed through the sec
ond campaign, his interest had not
flagged, that it had increased rather
than diminished, and that when fifteen
hundred miles away from th'is one
who, according to the judge, exerted
such a depressing influence upon him
when the will was drawn, fifteen hun
dred miles away, he writes more than
six months after the will was made,
that he had endeavored to show when
at our home his" endearing friendship
for tis. N
Now, your honor, this is the story of
that relationship, the story of that ac
quaintance, and I have said, and I
repeat, that it will not be necessary to
require a bond of me to keep my prom
ise, that not one dollar of this money
intended for us will come to us, to
me or my family, without the consent
of his widow; but I do mean to say
tLat I would be recreant to my trust
and unworthy the friendship of Philo
S. Bennett if I would not be ready to
brave anything that it may be neces
sary for me to brave to distribute it
as he desired it to be distributed.
THE BENNETT LETTERS
Bennett, Sloan & Co., Importers and
Jobbers, Teas, Coffees and Spices,
Canned Goods, Flavoring Extracts,
Hudson and Franklin Streets, New
York, May 22, 1900. My Dear Wife:
In my will, just executed, I have be
queathed to you seventy-five thousand
dollars ($75,000) and the Bridgeport
houses, and have in addition to this
made you the residuary legatee of a
sum which will amount to twenty-five
thousand dollars more. This will give
you a larger income than you can
spend while you live and will enable
you to make bountiful provisions ""for
those you desire to remember in your
will. In my will you will find the fol
lowing provisions: I 'give and bequeth
unto my wife, Grace Imogehe Bennett,
the sum of fifty thousand dollars
($50,000) In trust, however, for the
purpose set forth in a sealed letter
which will be found with this will. It
is my desire that the fifty thousand
dollars, conveyed to you in trust by
this provision, shall be by you paid
In William Jennings Bryan of Lincoln,
Nebraska, or to his heirs if I survive
him. I am earnestly devoted to the
political principles which Mr. Bryan
advocates and believe the welfare of
the nation depends upon the triumph
o those- principles. As I am not as
able as he to defend those principles
with tongue and pen, and as his politi
cal work prevents the application of
bis time and talents to money-making,
I consider it a duty, as I find it a
pleasure, to make this provision for
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