T'" "'
-
lOVEMBER 6, 1903,
Rp1V!ifll"wil"rfjrT,s'
minion, four years later. The solid nrR nf
the oast and all the wealth of thn nonntrv hav
ever since the canvass opened, concealed the truth
end deceived tn$ people regarding the whole ques
tion. They have succeeded in making 9K rr nnnt
of them believe that If you are elected the coun
try will he governed by a lawless, disorganized
;moD. ii you are eiecieu, i trust that you will,
flS SOOn aS VOIl Ctn. Igttlia a Wtnr fir mnlrn a
'speech assuring1 them that tho great body of the
people are uonesc ana can oe trusted.
"This letter is Intended for onlv vnnrsolf nnd
wife to ever see. A- feeling of gratitude for what
YOU have done ID this nanvasH fnr lmmanttv fni.
t; right and justice, prompts me to write and make
this offer.1' ...
I do not care to read it all,' but I want to
read enough to show, not only that his interest
commenced before I knew him personally or in
timately, but because T want, tn ahnvff nnrm wlmf
I foundation his interest rested, and he says, "This
letter is mienaea lor only yourself and wife to
ever see." Counsel for r.onlstnntR oonm to tr,ir
I that it Is a strange thing that there should 1)0
any secrecy anout tins; seems to think that when
a will was made, it ought to have been made at a
public meeting and everybody invited in. That
is not the way wills are usually made, nor is
it the way kindnesses am nmmliv vmrtovnA rmm.
f sel for contestants seem to think that Mr. Ben-
uuu. uugoc -o nave puoiisnea a notice in the paper
that he was going to do a certain thing in order
that the world might know it. In this letter,
written before I could have identified him on the
street, he not only proposed this and gave his
reasons for it, but expressed the wish that the
letter should never be seen by anybody except
myself and wife. The evidence also shows that
a letter was written to him in reply and his sec
ond letter shows that he answered a question that
was put to him: "I have yours, dated the lfh.
inst. I do not now and never have-owned a dol
lar's interest in a gold, silver or any other mine,
and do not expect to in this century." And the
evidence shows that, before accepting the gift, I
inquired whether he was cdnnected with any of
the institutions in whose behalf they said we
were making tho fight. We were making a fight
in the Interests of bimetallism, and it was charged
by the enemy that we were making it in the in
terest of the mine owners. And when this man.
proposed the gift, I asked, as his letter shows,
whether ho was interested in the subject that was
in controversy. The evidence shows that this
acquaintance began then, and continued for four
years; that at the beginning of the campaign, or
just before the campaign of 1900, he wrote to me
in Nebraska, and asked if I would be at home,
and that in response to a litter that I would be,
ho arrived there, and the testimony, so far as
there is any testimony on the subject, and I re
gret that I am tho only witness whose testimony
I can comment upon, but it is the only testimony
that has been produced on the subject, shows that
he came and wanted to draw a will.
Now, the gentleman speaks of my being a
lawyer and I am obliged to him for the emphasis
he lays on that fact. During the campaign he
arid his friends declared that L was not a lawyer,
that I could not succeed in the law; .and I am
delighted now that, after mature reflection, my
friend finds me to be a thoroughly competent
lawyer.
I understand the law fn regard to a lawyer's
dealings with uis clients and am willing that ev
ery presumption that can be inade against a
lawyer dealing with his client shall be made
against me in this case; but the fact is, and the
evidence shows It abundantly, that the relation
between Mr. Bennett and myself was not the re
lation between lawyer and client There has
been no evidence here to show that I was ever
Mr. Bennett's lawyer, that he had ever consulted
me on any point of law. Tho evidence, so far as
our relation goes, shows that It was a political
friendship, a personal friendship, ana, so far as
it was a business friendship, he had made in
vestments for me; but I am willing that you
shall take it as he argues it, and place all the
presumption against me as though I were his
attorney, as though I. had been his counsel, as
though I had -rawn all his legal papers for him,
and as though he had come to my office at that
time to have mo draw up hii will not as a friend,
not as a near associate, not as a companion
fighting for a common principle and for a com
mon creed, but as a lawyer. I am willing that
you shall assume that he came there as he would
come to a lawyer. I am willing that you shall
Place upon that letter and upon every act the
harshest construction that you can place upon tho
act of a lawyer.
What Is the , testimony in this case? Is it
that he desired to make that a direct gift? Coun-
The Commoner.
sel states that I was too good a lawyer to have
it made to mo direct. I assert, and I know
he knows it, that if it was mado to mo direct, ho
never would have counseled a contest here. I
torn him when ho suggested that gift (it was in
the beginning of tho cumpalgn which I believed
would In all probability result in my olectlon) that
if that was tho result, I would not need It, and
his answer was, that ho thought I would need it
more than If I was defeated.
I did not know then how soon ho might die.
Ho was not an old man; he was not a frail man;
ho was a man in tho vigor of life, and three years
afterward, when by accident his life was ended
he was still a man, strong and full of vigor, and
there was no reason to beliove that death in his
Qaso was immediate, and I told him thon, as tho
testimony will show, that if, when the time of
his death camo, I was In a position whore I did
not need it, I did not want it. And thon ho in
sisted that if, for any reason, I did not accept it,
It should be given in these other ways.
It is nothing taken from tho heirs In this
case. Mr. Bennett, and no one can dispute these
facts, Mr. Bennett gave to his relatives all ho in
tended they should have, and when I suggested
tuat I might not use it, ho asked that it bo used
in another way.
The gentleman calls attention to these let
ters. He uses language that I am sure ho would
not use if there were not in his heart something
that rankles worso than any opposition ho ever
had before to a man in a law suit Ho says this
letter is false; that It docs- not tell tho truth.
These letters are In ovidenco and tho court can
judge of them. Tho letter to Mrs. Bennett told
her that this was for mo, and counsel asks:
"Why wasn't it stated in there that part was for
Mrs. Bryan?"
In talking about this matter,, wo considered
the family as one. He wants to know why it was
that it was not stated that a part was for other
members of the family instead of me.
I hope that anyone talking to the judge about
his family would not find it necessary to draw
nice distinctions between Us welfare and the weir
fare of his wife and children. This letter to Mrs.
Bennett told her It was to go to me, and his let
ter to mo told me what he wanted me to do. I
was to keep $25,000 for myself, give $10,000 to my
wife, and $15,000 to the children. Your honor,
that which went to the family was as much to me
as that which went to me, and that which went
to me was as much to the family as that which
went to the family.
Mr. Bennett, in his letter to Mrs. Bennett,
stated that it was given to enable mo to devote
myself more freely to the work that he and I
were interested in, but that this gentleman (Judge
Stoddard) was not Interested in.
He wants to know why this was not mado
known, why it was not proclaimed, why it was
kept from the members of tho family. Well, your
honor, Mr. Bennett brought a will out with him
and that will was used In the drawing of this
will. If the judge had wanted to show that my
connection with Mr. Bennett had led him to con
ceal this will and its provisions it was in his
power to prove that the other will had been made
public thrqugh the papers and had been hawked
around the streets and given to everybody whose
name was mentioned in it. There was no evi
dence to show that the other will with its pro
visions covering relatives had been made known,
and there is no rear:n that the judge can give
why a reflection should bo cast on 'this will mere
ly because its provisions were not made known.
He says that i have no right to dispose of this
money (intended for my wife and children) or to
refuse to accept it, but that I have to act as trus
tee. If he will read the letter, ne will find that
It says that, It for i ay reason I shall refuse to re
ceive this sum, or any part thereof, thct I shall
bestow it in a certain way, or make such a dis
tribution as he suggests. It is plain, It Is straight
forward, and just as soon cs the death occurred,
as soon as this letter became a material mat
ter I brought the copies of the letters that
he sent to me and presented them to Mrs. Ben
nett, as the evidence will show. 1 presented them
to Mrs. Bennett and she knew just as soon as the
funeral was over, all that there was in this case.
Could I have done that sooner? Had I any
means of knowing whether a change had taken
place in his mind in regard to that letter?
The evidence shows that not from tho time
the will was made was it referred to between us,
except in the one case where he referred to it In
the letter, a part of which I read here. The sug
gestion that the presumption must bo against the
attorney who draws the will is merely a presump
tion that can be refuted by the facts. Now what
were the facts in this case? That after the will
was drawn the testator went back 1,500 miles to
tho place of his business; at least two day
elapsed, two days for1 contemplation, and two
n ghts for rest, and thon 1.G00 miloj away from
his beneficiary ho called in three witnesses, and
asked them to witness his signature. He took it
to tho notary public and ovsn had him acknowl
edge It, and thon ho took It to a vault of his own
selection, ho put it in that vault, and thcro for
moro than threo years that will lay tmdor his
control. No member of my family had a key
to that vault. No member of my family had
ever seen the vault No member of my family
had any Influence over him during that time ex
copt the influenco that friend had over friend;
Three years and moro elapsed from the 22d day
of May, 1900, to tho 9th day of August, 1003, and
during all that tlmo, tho man visited his homo,
visited his store visited his relatives, and all
that tlmo that will remained. Was there undue
influence In tho drawing of it? There ho had
more than three years, 1,500 mllos away from mo,
In which to think over It and to change it; and
It was possiblo any day of all that time for him
to have gono to tho vault and taken out his will
and mado any chango in it that ho desired to
make. And I might suggest now, since tho gen
tleman has spokon of tho lniluenco that was
brought to bear on Mm and has polished up his
classic loro to show us that ho, too, has studied
the history of decadent Rome I might remind
him that that letter provided that wo should dis
tribute tho $30,000 among colleges. If I had boon
using undue Influenco, would I have JoBt tho op
portunity to add $30,000 to tho $50,000 that he
gave? If I had been seeking to get money from
Mr. Bennett, would I havo advised him to give it
to colleges and to help students and inspire them
,to tho study of tho science of government? If I
may be permitted to go as far outside tho bounds
of tho professional othlcs as my friend does In
tho arguments, I might suggest that there is one
provision in tho will that he hatci abovo all oth
ers, not tho $50,000 to mo, but tho prizes in 25
colleges to young men to Inspire them to study
the scienco of government If I had been simply
interested in getting this money, would I have
helped him to draw this will so that instead of
keeping it for myself or family it should be thus
given out and scattered thro;ghout this land to
help tho students who are poor to obtain an edu
cation, to help boys who arj poor, and girls who
are poor? Would I have suggested to him that
ho continue tho plan that I myself had started V
And, your honor, if my interest in Mr. Ben
nett was purely a pecuniary one, would I havo
suggested to him that I would join him In con
structing a library and linking his name with
mine in tho most sacred project that I had con
templated, tho building of a library upon tho
site where I was born? To tho building of that
library ho contributes $1,500, and I $1,500, and I
in addition donate the site for the library.
Now, then, this is what Is produced thus far
In evidence. What is there here that need be
concealed from tho public? And,' your honor,
Judge Stoddard wants to know why I formed the
opinion of him that I did, and I responded that
his conduct from the time I first became ac
quainted with him convinces me that there was
more politics than law in this matter, and I be
lieve that the only purpose was to hold before
me tho threat that this would be brought before
the public if I did not disregard the will of my
friend.
But he seems not to understand that the
moment the question was raised In regard to
that will, that I had more at stake than he or
any person connected with this family and that
if I had desired to make a compromise, I could
not have done so. Why? Because the moment
that will Is questioned, the moment my connec
tion with it is questioned, I owed it to my good -name
that all tho facts in connection with it
should be mado public; and this court knows that
when I was on the witness stand I asked my at
torney not to object to any questions be might
ask, asked that he might be allowed to ask any
question that he liked whether it was relevant or
irrelevant. Why? Because there is not one thought
or word or purpose in that transaction between
Philo Bennett and myself that I am ashamed to
have known to the world. I am not ashamed to
have it known that I was his friend and that he .
was my friend, because he was devoted to the
principles that I believe important and that ho
believed Important; and when men, like my good
friend (Judge Stoddard) were willing to desert
the party, Philo Bennett dared social ostracism
and business ostracism to be one of my electors
in this state and this gentleman has no power at
his command that is sufficient to make me fear to
carry out the will of Philo Bennett and to help
dispose of his property as he desired it disposed
(Continued on Page 13.)
