Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1909-02-02
PREACHERS AID LOSES
Court Gives Francis Estate to Widow
and Other Heirs = Scores Officers
of Aid for Contracting With Aged
Man.

| Man.
Special to Times Republican.
Des Moines. Feb. 1.-The Preachers
Aid Society. which has been defending
sensational case in the district court
of Polk county, involving property
decided to it by an old man, leaving his
/ widow and other heirs penniless, was
scored numerically by Judge McHen-
nv when he rendered decision in fav-
or of the widow.
| when / draw a picture in my own
mind of that old man leaning upon the
arms of the Rev. Mr.. Thuresson ana
the Rev. Fletcher Brown for spiritual
support and i see him gather legal ad-
vice from John Henderson, with the re-
suit we have here. you will pardon me
| if I repeat the saying from the scrip
lures, something like this: 'Whereso-
ever the carcass be, there shall the
eagles be gathered
| In this manner Judge McHenry
characterized the Preachers Aid 80
ciety, its agents and its lawyers, when
| he wrested the property OF the late
Daniel Francis from the society and
gave it back to the aged, pennaless
widow and the legal heirs.
Judge McHenry handled the repre-
lsentatives of the Preachers Aid So
ciety without gloves. Mercilessly he
faycd the society, its agents and it's
LAWYERS. He delivered a most scathing
denunciation of their actions in pulling
the wool over the old mans eyes and
getting his property by deed, or con-
tract
He took up this alleged contract,
picked it to pieces and then pointed
out one clause inserted by Attorney
Samson. which the court declared to
be a violation of all rules OF law. me
clause provided that any one who pur-
chased any of the Francis property
society need not concern himself as to
where the money goes. 1t is the law,
the court asserted that the purchaser
of trust property must make 1t MS
business to see that the money he pays
for the property goes to the purpose
for which the trust was Intended.
He scored Attorney Samson hard on
his act of inserting this clause. Inc
LAWYER flushed red and rising to MS
feet said: II can explain that, your
honor" but Judge McHenrN cut him
short. saying: "It will do no good to
explain to me; explain to your spiritual
adviser"
The court asserted that undue in
f1uence was brought to bear upon Dan
iel Francis to secure his signature to
the freak contract or deed or what
ever it is. He declared that the instru-
ment was not a conveyance and couid
not be so construed There was not the
least doubt, the court averred, but
what Francis was of unsound mind.
Evidence introduced proved that claim
beyond a shadow of doubt, so he de-
clared. There was nothing else to do.
he said, but to set the instrument aside
and declare it to be null and void.
No court action ever attracted SO
much attention. of the church people
of the city and state. Every day OF the
| trial the court room was crowded.
! Two thirds of the audience were with
the widow and the heirs, as was evil
denced by the fact that when Judge
McHenry had finished announcing his
| decision he was surrounded and oyer
whelrned by scores of men and women
who insisted upon shaking his hand
and heaping praise upon him for his
action.
The society, while whipped unmerci-
fully. has not entirely relaxed Its grip
upon the Francis property and will
carry the case to the supreme court.
The attorneys for the widow and heirs,
however, are confident that the result
there will be as complete victory
as tine one lust won in district court.