The daily morning journal and courier., 1907-03-04
MRS. EDDY'S COUNSEL
 ISSUES A STATEMENT
Continued from First Page.)

o'clock last Friday afternoon, the day on which the bill in equity was filed, a messenger from George w. Glover of Deadwood, s. D., the son of Mrs. Eddy, delivered to her a letter in which MT. Glover stated his purpose of beginning the suit. At 4:50 o'clock that afternoon Rev. Irving c. Tomlinson, one of the defendants named in the suit, left Con- cord his mission being, 1t is under stood, to go to MT Glover. Mir. Tom linson is said to have in his possession for delivery to Mr Glover, deed of trust for a certain sum of money, va rlously estimated at from $1OO,O00 to $250,00O. This money, it is declared, was to be delivered to MT. Glover on three conditions, as follows: First, that neither he nor his household should make any further defands upon Mrs. Eddy; second, that they should offer no objections to the probating of any will that might be offered after her death; third, that they should not seek by any legal process to set aside any gifts, deeds or conveyances that Mrs. Eddy might make during her life time.
 Meanwhile John w, Kelley of Ports mouth one of the attorneys interested in bringing the proceedings, had filed the bill in equity with the clerek of the superior court, and notified MT. Street. CT, counsel for Mrs Eddy, of the fact. Mir. Stretetr had long conference with Mr. Kelley and Mir. Martin, dur Ing which he made 1t known that the deed of trust was to be given to MT. Glover. This conference came to an end when Mir Streeter was informed that the fact that the bill had been filed had been given to the press, and Mir. streeter then recalled Mir, Tomlin- son from his mission.
 In reference to the legal aspect of the case 1t is said that the plaintiffs will largely rest on decision of the court aof civil appeals of the state of Texas, in the suit of Elizabeth Ed wards by next friends versus c. Q. Edwards, ct al, delivered June 2O 1896. The official report of the decision in this case is as follows
 "The suit was instituted on the Fist i day of June 1898, by Ambrose and Martha Creswell as next friends of Elizabeth Edwards, to have certain c0nveyances set aside on the ground of fraud and undue influence on the part of c. o. Edwards in taking advantage of the feeble and helpless condition, mental and physical, of his mother to strip her of all her property, which was of considerable value. A motion and plea sworn to by Elizabeth Edwards, denying her want of capacity or that she had been defrauded, as alleged, and charging that Ambrose and Martha ! CresWeH were her enemies and not her net friends, and praying that the suit { be dismissed, was presented to the court by attorneys describing them selves as her attorneys, who were also attorneys. for c. o. Edwards The court directed the jury to determine this is- sue first, which it did as follows: We, the jury find that at the filing of this suit, at the date of the motion to dismiss, and the present time, the mind of Mrs Elizabeth Edwards was impaired to the degree as specified in , the issue submitted by the court
 Having determined this preliminary inquiry in favor of plaintiffs, the jury under charges submitting the issues as to the several conveyances made by Elizabeth Edwards, found against those made in 1892, and sustained all others"