The Montgomery advertiser., 1907-05-25
FIRST BATTLE
In EDDY CASE
Howe Appears For
Friends. "
SAYS HEALER Is INSANE
Family Should Be Ones to Whom
to Turn.
Merrymack County Superior Court We
Filled with Interested Crowd to
Hear Litigation Over Chris
tian Science Leader.

Concord. N. H. May 24--The Merry
mack County Superior Court room here
was filled with an int, ested crowd
long before the second days session In
the first legal battle over the suit In
equity brought by next friends" for
an accounting of tho property of Mrs.
Mary Baker G. Eddy. the Christian
Science leader. was opened.
Gen. Frank S. Streeter. counsel for
three trustees to whom Mrs Eddy made
over her property after the suit was
entered. yesterday. completed his ar
Euinent in favor of motion of the
trustees that they be submitted for
next friends" as plaintiffs In the suit
and todays proceedings were devoted
to the presentation of the side OF the
so-called next friends who oppose the
motion of the trustees.
Dewitt C. Howe opened the case for
his clients.
The opening of Mr.. Howes argu-
ment was delayed. however. by Judge
Chamberlain. who wished to ask Gem
eral Streeter a question with refer
ence to the bill filed by the plaintiffs
In the original suit. supplemental to
the motion of counsel for the trustees
named by Mrs. Eddy be made plant
IFS in the original suit.
The supplementary motions ask that
the trustees being made defendants
instead of plaintiffs, saying that the
defendants procured and induced"
Mary Baker @. Eddy to execute the
trust deed. she being. as alleged. in
condition of mind which made her in
capable OF executing such a deed.
Judge Chamberlain asked General
"a kalx
full knowledge Of the conditions and
powers up to the time the trust deed
was executed.
Had Real Affection.
Mr.. Streeter said that they had such
full knowledge, and Mr.. Howe be-
gan his argument. He summarized the
affidavits of his clients, making from
them the points that Mrs. Eddys
trustees have determined this case in
advance; that Mrs. Eddy's son, George
w. Glover. in taking his action IN her.
behalf as a next friend. was noved VI
true consideration and real an1caon
for her; that trusts like the one Mrs.
Eddy recently made have been made
bv her In the past to meet certain ex-
igencies and that when these exfgen-
cies disappeared the trustee disappear
ed Mr.. Howe said that Mr.. street,
err had taken up all possloie ques.ions
except the one directly at issue. afgu-
inc a demurrer and motion to dismiss
"The question of the benent OF this
trust deed to Mrs. Eddy has not been
tauched Mr. Streeter," said Mr.. Howe.
s.thoush there are many questiohs re-
Iating to 1t and bearing apon H. As
matter of fact. the giving OF this trust
Ia .Star the suit of Eddy versus
FRYE (the original action of the next
friends). had been begun, was not
only Of no legal effect but highly Inn
nroner. The defendants In Eddy YER
aus Frve. naturally prefer to have the
trustees. rather than the next friends'
as plaintiffs. They choose course,
sham battle. in preference TO real
one"
Mr.. Howe cited a large number OF
authorities bearing on the questions OF
next friends" and guardians.
Among the points which MT. Howe
sought to make were that next
friend" can be removed for cause ans
in no other way; that the question OF
capacity must be determined as an rs
sue of the main case by Legal process
that the court can take Jurisdiction for
tba beneAt OF persons not found by
judicial inquiry TO be non-compos
mentis.
throughout this hearing It should
he horne In mind" said Mr.. Howe
that the issue is simply this: Have
Baker and others, the trustees. the 10
gal right to be substituted TOT tns
nIaintiff's in Eddy versus Fryer TX
thav have that right they have 1t as
a matter of law and in no other way.
False and Feigned Issue.
mfr Streeter substituted for this rear
,.s,a false and feigned one, nameiys
no Raker and the others believe the
case of Eddy VS.. Frye TO be withous
merit? ,.,,...
tho nlaintiff has no case and they
swear to that belief in their affidavits-
they say that Mrs. Eddy thinks az
thew do. She thinks as Frye does ana
she will think as Frye does so long as
they stay at Pleasant View together.
The proposed substitution OF trus-
tees In this case. Mr.. Howe said, was
a variation from the usual procedures
a veil and a subterfuge"
.If the defendants having control Of
Mrs Eddy can select her trustees. this
proceeding becomes OF no avail de-
clared the lawyer. The power WHICH
does business in the name Of MRS. EDDY
made that trust. The same power Tan
revoke it."
VINO are the next friends hereT
asked Mr.. Howe. and answered:
They are her son. her grand
daughter, her nephew, cousin and an
adopted son. II they are not inter-
ested. no one can be- They stand here
absolutely unassailable save by innnen-
do.
The transfer of Mrs. Eddy's prop
erty is an endorsement of the next
friends act" contended Mr. Howe.
..Thet transfer arose from the neces-
sitv of defendants Frye and others.
Thev must do something, so they did
this The expedition with which u
was accomplished proved its urgency.
The motion of Baker and the others
for substitution is recognition that
the proceedings were good; 1t is neces-
sary for some one to step in and pro-
tect Mrs Eddys property
Mrs. Fassman's Funeral.