The news-democrat. (Providence, R.I.) 1906-1909, 1907-07-25
HEARING on THE
EXCEPTIONS IN
EDDY CASE

berlain In the superior court this morn
ing gave hearing on the exceptions
Eddy TO hts rulings sending the equity
case or Eddy VS.. Frye TO be heard by
masters, with authority 10 take testimony
as TO Mrs Eddy's competency covering
such period OF her life as TO the masters
should seem reasonable Mrs. Eddys
counsel sought TO limit the field OF the
masters investigation 10 the question
whether the trust deed OF March G. by
three trustees was valid. and whether
that deed was her voluntary act
senator Chandler OF counsel for Mrs.
Eddy's son. requested leave 10 argue dur
ing the hearing for an allowance from
the estate OF Mrs. Eddy TO meet the ex-
penses OF the suit.
Taking up the exceptions which have
been filed. the court said that he wished
! 10 have the pending contentious defined
by counsel.
III Mrs. Eddy was competent TO make
the trust deed OF March g." said Judge
Chamberlain then this case must stop;
otherwise II goes on.
Senator Chandler said IL was clear that
the masters, whether alIenists or not,
must be bound by the evidence; and Sam
uel j. Elder. counsel for the non-resi-
dent defendants, replied that his clients
were disturbed by the conditions OF the
masters commissions, which permit them
TO pursue the question OF Mrs. Eddy's
competency prior 10 March 6.
Mr. Elder contended that the procedure
contemplated Is not approved by general
practice.
Mr.. Chandler argued that case Of this
importance should have a trial by jury
but he said the plaintiffs made no objec-
the masters, feeling that the rights Of all
the parties had thus far been properly
protected
Dewitt c. Howe argued for the plain
tins In opposition to the objections rails
ed TO DIR. George Il. Jelleys sitting as
In he
is an allenist and nonresident. and after
discussion, oliver Il. Branch for the de-
fense. assured the court that his clients
would come before the masters and be
bound by their findings as a preliminary,
bu. rot as finality."
Mr. Stree:er asked that the court make
certain orders with reference TO the scope
OF depositions. The masters are TO meet
here tomorrow. he said, and on Monday
next the depositions OF certain witnesses
are 10 be taken. Here are the masters and
witnesses ready to go on. and yet the
masters must suspend while depositions
are taken that cannot by rule of the
court. be used within a certain period.
There Is no legal justifications for the
taking OF depositions with the main ques-
ton ready TO go on.
Mr.. Chandler said that the plaintiffs
are parties TO the suit and have the broad
statutory right to take deposltions. The
Statutes III New ftdUpSn1re are eNteHueu
10 the broadest extent, and Mr.. Streeter
has repeatedly taken deposition as we are
20 do. We want to GO on with
The case Just like any other case, with
all our legal rights unimpaired. The board
right OF finding and perpetuating truth
must go on and we will not consent TO be
United We ask that the procedure may
not be interfered with. The evidence is
argely In the hands OF otHr opponents and
has been kept In the dark. II Is right |
hat the truth be known. Here they have |
Mrs. Eddy surrounded, and a million dol |
ars In their hands-as I believe-in con- |
enpt OF court,-we ought to have our full |
rights.
The court observed that the statutes |
provide for the taking OF depositions In |
my civil case, and In answer To Mr.. |
Elders question said the defense might |
AXE Cepositions outside the state n they |
Wished to do so.
the court said that no allowance would |
De granted to the plaintiffs from the state |
that Question may then be
..ised
This afternoon the court made orders
N the case bearing upon the questions |
heard this morning the substance of his
decisions being:
'The motion OF Mrs. Eddy's counsel TO
change the terms OF the commission to
the masters was denied. and they were
given 30 days to prepare and submit
bill OF exceptions.
The motion TO limit the taking Of depo-
sitions was denied.
The motion to grant an allowance to
plaintiffs counsel was denied with leave |
TO renew II IL Mrs. Eddy Is found TO be |
The motion Of the defendants In the
original action to become parties to this |
inquiry as 10 Mrs. Eddy's |
was denied. The motion OF |
Mr.. Chandler to suspend the rules as to
bond for costs was held for |
further consideration.