New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1907-05-24
CASE HEARING.
LEGAL Battle BEGINS
General Streeter, Defendants Coun-
sci, on Floor Al Dam

concord. N H. May 2s-FoIlovfng severa, s,,r
'''eS curing the last two months in which mo-
.iohs' counter motions petitions and afHdavits
-, 9eu 10 such an extent that apparently
ehipie case has become greatly con,nIicated tro
nrSt legal battle fought about the ,arso, 90 NJ
MARY BAKER G. Eddy. leader Of the Christian Sci,
denomination, In connection with the suit II,
80 SeeNIns an accounting of her property was
opened IN the Merrimack County Sunar,or co.,.
te Today The original suit brought NV Mrs
f-ddys son. George ". Glover of Load c n .
r,S odushter' Mary Baker Glover and George w
l,Hher, or Bangor. Me-, the last named a nephew
=, M hudy' was in the name Of the
CHRISTIAN Science leader by her three -a,ot,,e.
acting as next friends" and was directed oe.tr.
Oai.in A Frye Mrs. Eddy's secretary and sew
eFaI other prominent leaders Of the Cbris+i,, c.,
80 oIluic i' asking FOR an accounting Of Mrs Ed
oys property which the next rrlends.. alice, 49,
peihg mlsapplied by the defendants Things heoaro
complicated when three trustees ttepr,, y, -
'i0iioaio Mcclellan and Josiah E FernsId rora
appointed by Mrs. Eddy and were ernnoworad ~, =
e-t,- IN Cu'ed ny her to manage her prop
ny me trustees then pettioned the court :, b
.t Itu'eo Tor the next friends as plaintiffs IN
me SUIT IN equity to secure an accounting or NJ
pioperty' Following this, the original plain
ms Peuuoned the court TO include the trustees
as defendants in the original suit
Io-day's hearing was on the motion ~. 49, 49,.
tees that they be substituted for the ..nev. r-,I
as plaintiffs in the SUIT against Frye and otber do
PENDANTS. ~ e' "e
men Ile nearing opened at II o'clock the court
room was filled with interesting thronR Cbrie
tan Scientists predomnated and Of these exnar
slNeiy dressed women were In the majority Nea,Iv
al! OF the ten defendants the suit were in court
"neh 'he nearing opened. although Mr. Frye the
principal defendant, did not appear Among the
spectators was Judge William c. Ewing NJ C,ht
cago one OF the prominent members os ~,
Christian Science denomination
General Frank s. Streeter. of this CITY chief
counsel for the defendants. occupied the noor
throughout avs
was devoted principally to the contentIo, tn. &,
order to prevent the trustees being substituted for
next friends plaintiffs in the original suit the
next friends must prove Mrs. Eddvs fncomna-
tency TO execute the trust deed giving her trustees
power to act for her. General Streeer held that
was the legal right OF the trustees to prosecute b
suit against the ten defendants The tr,etaes b
argued-and supported his argument with nun1erou,
ctatiOns-were the only proper persons 70 ,,roeac,
Mrs. Eddys suits law
He submitted the trust deed TO the court and as
Serted that 1t was valid. To make Il invalid he
asserted the next friends must prove Mrs. Eddy
incapable OF making the transfer of her property
10 the trustees II the deed valid he said M,
only all Of Mrs. Eddy's property had heen traps
ferred. but the right TO prosecute the suit passed
TO the trustees, and they asked to be allowed 10
carry 1t on If Mrs Eddy's competency to mako
the deed was regarded material then the oues
ton Of competency must be decided first
General Streeter then discussed the rights and
functions or next friends contendng that they
can act only when the person is insane and incom-
petent, and that in order to act as next friends"
IL necessary for them 10 prove incompetency
During his argument General Sreeter referred
70 the fact that the suit unauthorized by Mrs
Eddy and brought without her knowledge or
consent and against her wishes.
Mr. Streeter read from the petition OF the trustees
for leave 10 intervene and stated It their posi-
ton that they had entered into contract with
Mrs. Eddy in accordance with the terms Of which
II was their duty prosecute this bill in equity If
there is any ground for Il.
On April these next friends" charged the trus
tees ''rnaUciousIy and without foundation in fact,
with being the agents and attorneys of the original
defendants and with being members of the compina-
ton surrounding and influencing Mrs Eddy "Ihe
time will come" said Mr.. Streeter. when the men
who made these charges Will regret IT. Ihey
asLed the court to make these trustees defendants
In the original proceeding. instead OF planths 10
this motion the trustees made due answer
In the answers OF the ten defendants II was
stated that this action of the next friends was
not brought In good faith but with an evil purpose
The trustees had not made like charge pnt
they had reserved the right to investigate TINS
question and proceed in accordance with their hho
inPs
IT wish to put upon record this point" said
Mr. streeter "a further reservation OF this rght 10
investigate or to ask the court 10 investigate the
motives underlying the bringing Of this SUIT
Mrs Eddy was a nominal but not real party
to this action. he said. In her ahoaWt sle 'a
not believe IL was for her best interests ms
court had no jurisdiction over the person OF Mrs
Eddy under this proceeding
In replv 10 a query from Judge Chamoerin MI.
streeter said that If the trust deed was found by
the court 10 be good deed that was for the
be,.6t Of Mrs Eddy, then her competency was not
inquirable into.
AZ this point Mr.. Streeter announced mat he
mould begin the introduction of evidence FIRST ne
rreeentod Mrs Eddys letter 10 Judge ChaIlpc III,
sworn 10 Nav 10 before Allen Hollis JuStCe Oh tIte
Ieace Next the affidavit Of FRED M iLauI, NJ
Eddy's auditor was read by Alien Hollis, MT
Gfree,ers associate. AfiidavitS also were Iodd 10y
uarve, 6 Chase. public accountant, OF boStion,
alvin A Frye Mrs. Eddys financial age9l since e
$50. a second AFFIDAVIT of Fred n Lo9u; aIItl
80 tIenrv NJ Baker. Archibald Mclelai ana JOSIAH
n Fer1aid Mrs. Eddys trustees Mr. S o. r,t
then announced that the reading or these aiiuaHiS
he VII {, Howe. Of counsel for the next e
friends arose 10 address the court put az tuis s
noInt Judge ChamberIn decided that ne Mou,o Ti,a
he court sitting for the day AdJou m r WIS
accordingly taken Alb until 10 a. m ~ oo
Judge Chamberlin annonced at me outset no OF n9
hearing that the proceedings SHOULD De coI,ii b
strictly to the question of the id ~ no,
trustees as plaintiffs He said thar ne WU I Ho'
consider Mrs Eddy's competency al TINS ''iiio'
MISS LULU CHASER MARKED.
Mics ruln Chaser, who was the star in The Aero