The daily morning journal and courier., 1907-08-31

If we are allowed to proceed, we shall show you that on February 12th Mrs. Eddy began to arrange for the entire management of her property
 during her life, and to make liberal
 provision for her kindred during that time. I will not go Into the details
 of these matters, excepting to say to you that if Your Honors are not all ready satisfied, we should be able to satisfy you beyond a question, not only of Mrs. Eddys absolute compet- ency to deal with her affairs, but that during the last two weeKs of February the last two weeks before this suit was brought, she was dealing with those questions with sagacity so far as her business matters were concern ed and as noble Christian woman so far as her next of kin were con- cerned. Now, Your Honors, neither Mrs. Eddy nor her counsel have the power to prevent her so-called next friends from trying to persuade Judge Chamberlain to let them dismiss their bill and get out of court. Neither have we the power to prevent their uncon- ditional surrender in the middle of this hearing before the masters. They volunteered to begin this Wretched as- sault upon the person, property and religious faith of an aged citizen of New Hampshire, and now six months later, when their charges have utter ly collapsed, they run to cover. This is their legal right, but I speak of
 the legal rights of Mrs. Eddy. Let me temperately review the situation.
 "She is an honored citizen of this State entitled to the protection of it's courts She is the founder and head of a great religious organization, with many hundred thousands devoted fol- lowers. On March 1, last, she was liv- ing peacefully in her own home. sur rounded by faithful friends of her own choice. She was possessed of a large property, acquired almost sole ly from the sale of he. religious writ ings. It will some time appear that after providing liberally for her own
 kin, she has devoted much of her es- tate to the promotion of the religious views taught by her. She was a good citizen. She was ana IS entitled to the protection of the law. On that day. March 1, last, this suit was insti- tuted by a great newspaper, which had hired and paid eminent counsel to bring it. It was primarily an at- tack upon the religious teachings of great religious leader. A son and an adopted son inconsiderately loaned the use of their names as next friends; and the agent of this news paper, who visited and persuaded the son at Lead, November 29, and the adopted son at Waterbury, Vermont, March 6, and persuaded them to CO., operate, is now writing in the pres ence of Your Honors at the reporters table.
 "The suit was brought in her name against ten honest men, alleging first that she was incompetent to protect her property, and, second, that these ten defendants have wrongfully mis- appropriated her funds, Not one of the ten defendants had taken dol lar of her money. They have an- swered under oath The truth of their answer Is admitted The suit was based on false pretenses. The situa- tion was unique in legal history. Mrs. Eddy, in the eyes of the law, was not defendant, although the proceed ings were, in fact being directed sole ly against her. She was not plaintiff; the suit was brought against her will. Her trustees, who held and were managing her estate under a valid deed, prayed for leave to intervene. Their petition was denied. She per sonally appealed to the court for pro- tettion She urged that the main- tonance of these proceedings by said alleged next friends was an abuse of the processes of the court and an un-
 warranted interference with her con- stitutional and legal rights, and that she was entitled to speedy relief,
 "She represented that under the
 constitution and laws she was of right
 entitled to @ determination of the question CD whether her property in terests have been and now are fully protected and whether there is any lawful or just occasion for the main- tenance of these proceedings by said next friends; CD whether the trust
 deed and the appointment of trustees and attorneys by her was thereby her free and intelligent act and carried
 out her wishes; (3) whether the pro- ceedinRs were brought in good faith for her personal benefit; and as 8 citizen she prayed for 0 speedy de- termination of these and other ques- tions-all without avail,
 These so-called next friends her assailants bitterly opposed her peti- tions and they were den1ed. They in- sisted that her competency should be
 determined by the court, and their re-
 quests were granted against her pro- tests.
 You were appointed masters to pass on the question submitted in your commission.
 Knowing that upon the evidence there could be but one outcome of this hearing she did not hesitate to submit to your decision She has CO.,
 operated with you to obtain full in- vestigation and has assented to ev- cry suggestion made by the masters to enable them to arrive at @ just deci sion. She has submitted herself to your personal examination, in the presence of counsel for the alleged next friends, and the stenographer's report thereof, inaccurate in many re- speots, has been given to the world. She has been asked to submit herself to the examination of hostile aIienists, and, for the purpose of enabling you to reach just decision in your own way, she has assented. Nothing that