Waterbury evening Democrat., 1907-05-24
THE EDDY CASE
large Crowd in Court To-Day 10 Hear What Inc Next
 Friends" Had 10 Say
MIR HOWE'S ARGUMENT

Concord, N. H., May 24.-The Merrimack county superior court room here was filled with an inter- ested crowd long before the second days session in the first legal bat tie over the suit in equity brought by
 next friends" for an accounting of the property of Mrs Mary Baker G. Eddy, the Christian Science leader was opened.
 General Frank s. Streeter, counsel for the three trustees to whom Mrs Eddy made over> her property after the suit in equity was entered by the next friends" having completed e'. argument in favor of motion of the trustees that they be substituted for next friends" as plaintiffs in the suit against Calvin A. Frye and other Christian Scientists, yesterday, to- days proceedings were devoted to the presentation of the side of the so-called next friends" who oppose the motion of the trustees. De W!tte c. Howe was prepared to open the case for his clients, and it was ex- pected that he would be followed by Former United States Senator Will liam E. Chandler, senior counsel for the next friends"
 The closing argument for the trustees will be made by General Streeter, but it was thought to-day that Messrs Howe and Chandler would not finish in time for General Streeter to make his concluding ar gument to-day.
 The opening of MT Howes' argu- ment was delayed for short time after the opening of the court, by Judge Chamberlin, who wished to ask General Streeter question with ref erence to the bill filed by the plain tiffs in the original suit, supplement tai to the motion of counsel that the trustees named by Mrs Eddy be made plaintiffs in the original suit. The supplementary motion asks that the trustees be made defendants instead of plaintiffs, saying that the defend- ants procured and induced" Mary 5. G. Eddy, to execute the trust deed. the woman being in condition of mind which made her incapable of executing such deed.
 Judge Chamberlain asked General Streeter If the trustees accepted their trust with full knowledge of the con- ditions and proceedings up to cNe time the trust deed was executed. MT Streeter said that they had such full knowledge.
 Mir Chandler, of plaintiffs coun- sel, asked that MT Streeter be heard in full upon this point at this time, as he has the closing argument in the present proceeding.
 Judge Chamberlin ruled that MT Chandler would have an opport,. nifty to reply to anything MT Streeter might say on this point.
 Mir Howe then began his argu- ment. ne summarized the affldavits of his clients making from them the points that Mrs Eddy's trustees have determined this case in advance; that Mrs Eddy's son, George w. Glo- yer, in taking his action in her be- half. as a next friend was moved by half as a next friend was moved by true consideration and real affec- tion for her; that rrusts Ike the one Mrs Eddy recently IlaLe, have been made by her in the past to meet cer- tain exigencies and that when these exigencies disappeared. the trusts dis 
 Replying to Mir Streeter's argument of Thursday, MT Howe said that MT Streeter took up and dealt with all pos sible question except the one directly at issue, arguing a demurrer and motion to dismiss.
 ''.The question of the benefit of this trust deed to Mrs Eddy has not been elucidated by Mir Streeter," said MT Howe, though there are many questions relating to it and bearing upon 1t. As a matter of fact the giv- Ing of this trust deed after the suit of Eddy ys Frye. (the original action of the next friends) had been begun was not only of no legal effect, but highly improper. Tho defendants in Eddy vs Fry naturally prefer to have the trustees rather than the next friends as plaintiffs. They choose, ,f course. sham battle in preference If d real one u