Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1907-05-24
THE EDDY TRIAL.
CONTINUED from Page One.)

| 1t is entirely in the discretion of the
court IL dc eide whether a next frlend
suit shall be allowed to proceed; ana
| in deciding this question the court Shall
he guided by the best interests of the
| incompetent person in whose name the
suit is brought. This proposition Mr.
Streeter submitted and in its support
cited numerous authorities.
A decision by Judge Putnam OF the
| Federal courts of this jurisdiction was
| cited upon this point.
1.-THE person volunteering to bring q
suit as a next friend does 50 at his
own risk and must be prepared to Ge-
| fend and vindicate the necessity and
| propriety of the proceeding-at any
time wnen called upon, as they are now
called upon" said Mr.. Streeter
Mr.. Kelley interposed that Mr.
Streeter has not so challenged the good
faith OF the next friends" in any mo-
| ton or answer filed by him in this suit
Mr.. Strecter replied that he was
| layinw down a general principle Of law
applicable to this case, and went on to
quote applicable authorities.
The lawyer said that he absolutely
| believed and asserted that the nominal
plaintiff in this case. Mrs. Eddy, is not
incompetent hut ii the next friends
are to have any standing in this court
| it must be shown that she is incompe-
| tent.
How is that to be shown under our
| proceedings?" asked the judge.
81 will proceed to that your honor.
| replied Mr.. Strceter, and quoted au-
| thorties TO show that 1.-THE law pre-
sumes all persons to be of sound mind,
and, if adults, capable Of managing
| their own affairs" This was three
times repeated by Mr.. Streeter, once at
the request Of the court The institu-
tion Of next friend" proceedings in be-
half of any person does not destroy
| that presumption Of sanity.
| When 4 supposed incompetent de-
clarcs his competency he cannot be de-
| yrived Of his rights without showing
his incuInretency.
| These next friends" have no lega!
interest in Mrs. Eddy's property and
cannot prosecute this suit as mat
ter Of their own right
| Mr Streeter summarized his points
made above.
| Judge Chamberlain asked again that
Mr.. Strectcr point out way in which
| Mrs. Eddy's competency or incompe-
| tency is to be established t. the court
| and again Mr.. Streetcr said that he
would come to that later.
| These next friends" he said. are are
mere volunteers under the permission
Of the court. They stand in peril that
| their act may be found to be not in
| good faith. though. Mr.. Streeter added.
this question is not brought UP here
| today.
The court is bound to look into the
rights Of such a suit as this and stay
proceedings if they are found not TO be
| in the interests Of the nominal plain
| tiff
These next friends" are officers of
this court by your permission and have
40 other legal status.
as this trust deed VALID" asked Mr.
Streeter. We submit that this deed
being for the benefit of Mrs. Eddy, is
valid without her proof of her cOmpe-
tency to make it. which is not material
and cannot be inquired into by this
court"
At this point. before beginning an
other series of quotations, Mr.. Streeter
asked if the court did not wish to take
ia recess. but Judge Chamberlain de-
|
| Discussing Il question. mot of fact
hut Of law" said Mr. Streeter. he he
lail down the principle that a deed
mad" by a lunatc is not void but void
able only. In order that it be voided.
il Is necessary that the petitioner show
the IlnsOundness of mind of the grantor.
Judge Chamberlain was in his seat
some minutes before o'clock and up-
| NTr
ing was promptly resumed
| Mr. Streeter summed UP his argu-
ment to this point. laying emphasis up
on the fact that Mrs. Eddy's deed. ac-
knowledged to be genuine, was suffi-
cent ground for the motion to stand
upon the trustees for leave to inter
Vcnc.
Said the court:
Docs this deed take from the court
the discretion under the common law
to permit the next friends to bring
this bill in equitv?"
| Mr.. Streetcr replied:
When the trustees present such n deed
they have the right to stand on that deed
until it is directly attacked"
Mr. Streetcr went on to allude directly
to Mrs. Eddy, saying:
| MrS fduy is almost IS years old. She
Is known all over the world as the dis
cover"r of 4 religion followed by thous-
ands Of good. true and loyal pc ple and
also vigorously attacked. On March ].
1877. she was living in peace in this city
in the possession of property acCumulat-
ed from her publications. She had made
a will 'iisposlng Of that property From
the fact that ONLY nine years ago she had
devoted almost one-half of her then en-
tire property to the cause of her religion
It is q inst inference. though not in proof,
that by the terms of her will she had de-
voted a considerable share of her proper
ty to that religion. She had one son. al
| adopted son and other relatives She
kept herself in seclusion. as she tells you
in her fdayit. because she cannot serve
two masters In order to devote herself
to her religion. she must seclude herself
| from other interests. That was tie situa-
ton on March l on which day hill in
equity proceeding WAS brought by GER
| tain next friends"
! This bill Mr.. Street anaiyzcd and Wig