Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1901-06-06
MRS. EDDY WINS.
Judge Bell Orders a Verdict
for the Defendant
In Famous $l50,000 Suit Of Mrs,
Woodbury. VS.. Mrs. Eddy.
Says Plaintiff Mas Not Made Out Case-.A
Surprise 10 All.

Boston. June ST have examined
this libel with great care, both while
the arguments We're going on and dur
ing the trial. think the plaintiff has
sustained her case, as ! have already
intimated, upon the matter of publ
cation. AS regards the publication in
the church, there is no evidence that
anyone there understood the alleged Ii
bel as applying to the plaintiff. so that
she could not recover damages upon
this count. because she had shown no
injury from 1t.
Taking the libel itself, I see moth
ne which can in any fair way be said
TO indicate the plaintiff in the first part
of the libel. The only thing in the libel,
it seems to me. which can by any rea
sOnab!e Interpretation be said to serve
as means of identification is the word
widow" The words widow and
"widowhOod" occur in the latter part
Of the message.
Il have come to the conclusion that
even that reference does not absolute
" identify the plaintiff and ii seems to
me that the plaintiff has not made out
q case here which I can let go to the
jury. ] shall therefore be obliged to Or
der a verdict for the defendant
With these words, in the superior
court, Judge Charles L. Bell. this af-
ternOon. brought to a sudden and I'M
expected and the famous $3.50, 900 libel
suit brought by ..irs. Josephine Curtis
Woodbury. of Boston, against the Rev
Mary Baker G.. Eddy. A few minutes
later the jury was summoned. Judge
Bell ordered the jury to find for the
defendant, which ii did in the usual
form.
Counsel for Mrs. Woodbury. filed ex-
ceptions on tall the questions passed
upon. They expect to carry the case
to the supreme court.
This decision was given in response
to one of two motions offered by Mr..
Elder, senior counsel for Mrs. Eddy,
at 1245 o'clock, when the plaintiff
rested her case. This was that YER
dict for the defendant be ordered on
the evidence as it stood. The other
motion, which was not sustained, was
that the two counts in the declaration,
referring to the publications in the
two Christian Science periodicals, be
stricken out.
Boston, June 5.-"Mrs. Eddy is the
autocrat of Christian Science and has
fun power over the church and pub
fishing society,"" was the declaration
with which Lawyer Frederick w. Pea
body. for the plaintiff, began his argu-
ment in the libel suit of Mrs. jose
phine Curtis Woodbury. against Mrs.
Mary Baker G. Eddy. Wednesday, on
the question of whether the alleged Ii
bel was authorized by her to he pub
lished in a Boston paper. June 5. 1899.
Samuel J. Elder. for the defense. had
concluded his argument on that ques-
ton at the adjournment. Tuesday.
The court room presented the usual
scene. Wednesday morning, hundreds
of women being turned away from the
doors because there was only sufficient
room inside for witnesses" The jury
men were not admitted until Mr.. Pea
body had concluded his argument on
the question of the publication of the
libel. In discussing that he told the
court of the copywritings of the adj
dress and contended that the testimony
already given as to its publication
should be admitted. He said:
fishing company OF the society to pub
lish and disseminate the teachings of
Christian Science as taught by her. she
left it to their discretion as to what
should be done with it.
Judge Hanna. as the head of the
publishing house and Mrs. Eddy's rep
resentative. was aware of the publica-
ton in the Boston paper and it was
by his consent that the address was
published"
Mr. Elder, in reply, said that Mrs.
Eddy had relieved herself of all power
by comforting it upon the trustees and
the bylaws, SO admit that 1t is only
on very important matters that she is
consulted.
Judge Bell ruled that the testimony
in question could not stand. Lawyer
Peabody took an exception.
In regard to the letters which We're
under discussion. Tuesday night. and
which Judge Bell took for decision as
to their admission, he said, Wednesday
morning, that he was of the opinion
that the letters should be admitted as
evidence Exceptions were offered and
noted.
Mrs. Woodbury. was the first witness
of the morning session.
Lawyer Peabody at once plunged in
to the mysteries of Christian Science
come of which developed I'm yesterdays
evidence, by referring to letters from
Mrs. Woodbury. to Mrs. Eddy and re-
plies from the latter in which the alb
breviations m. A. NJ" and M. A. c."
We're used, m. A. NJ" having been in
.terpreted as meaning malicious ami
nal magnetism" the spectators We're
able to make their own application
although the lawyer used merely the
letters.
Taking up a communication from
Mrs. Eddy i'm which she said that Mrs.
Woodbury. should remain outside Of the
First Church of Christ until she had
ceased to be controlled by m. A. NJ"
counsel asked the witness ii she had
ever practiced M. A. g." which is I'M
derstood to mean malicious animal
control" Mrs. Woodbury. smiled as she
answered: NO
! At this point a question as to Mrs.
Woodbury's children brought out the
information that she had three,
daughter of "a, son of %, and son
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