Show MRS IRS EDDYS EDDY'S COMPETENCY Will BE rt BY JUDIC JUDICIAL INQUIRY ENQUIRY r r. r From the Boston Daily Globe t BY EDWIN J. J PARK CONCORD N. N H. H June Jun 10 Judge Judge Bobert Robert N N. Chamberlin of the tho Superior court this aft afternoon moon announced that he hev v will win appoint a a. master to examine Into and report to the court on the question of the mental competency of Mrs Mary Baker G. G Eddy discoverer and founder of ot Christian Science I The court did not announce the name namer r of the lawyer who will act as master in inthis inthis this case case and the selection probably will Trill not be De e made for some days Pending the report of the matter and the confirmation of it lt by Judge e Chamberlin Chamberlin Chamberlin Cham Cham- berlin all proceedings m in the famous suit in equity are stayed Streeter Hollis counsel for Mrs Eddy and also couns counsel l for Henry M. M Baker Josiah E. E Fernald and Archibald McLellan trustees of Mrs Eddys Eddy's estate estate es es- es tate scored a victory in this decision of of Judge Chamberlain as they have havo all along maintained that Mrs Eddy is mentally competent and they have no doubt whatever that the investigation to be conducted by the master yet to tobe tobe tobe be appointed will so find her They asked for such an investigation If the master finds that Mrs Eddy is mentally competent a and ad d the report Is eon confirmed by the court as any finding ending f doubtless will be it will rIl dispose finally d' d of the tho vexatious suit in equity brought by the next friends n t as it is an e established established es es- principle of S of law that next friends cannot maintain an action for fora a person judicially determined to be of mental competency The suit in equity brought on March 1 in the name of Mrs Ms Eddy by her son George W. W Glover and and other relatives as next friends rests on the contention conten conten- tion that Mrs Eddy is and for a long u time tune past has been mentally incompetent r tent to mana manage e her business affairs Gen Streeter Confident In order to maintain their suit the next friends must sustain that con If they cannot do so their suit will as a matter of law fail Str Streeter eter Hollis HoUis and the friends of Mrs Eddy especially those who are aret r closest t to toby her her ner say there is no doubt i c whatever of Mrs Eddys Eddy's competency r or that that competency will wUl be established by the inquiry to be conducted by the master There will be a conflict ct on the part of counsel in the case as to the scope to be allowed the master in the matter matteri i of his hia inquiry inquiry into the matter of Mrs Eddys Eddy's mental condition Senator Ex William E. E Chandler who who- t I with M Martin utin Howe of this city and John W Kelley of Portsmouth is coun- coun set sal for the the he next nest friends has heretofore heretofore heretofore hereto- hereto fore cited Mrs Eddys Eddy's alleged d belief in int t M M. A. A M. M malicious animal magnetism T I and in the existence of diabolism end and demonology as among the indi- indi of of an unsound mind and it is 7 r anticipated that tha they may desire desir to in- in something along these lu lines lirles es in inthe the inquiry before the master j It is ie understood however that f t Streeter Hollis will stand firmly on the proposition that a persons person's religious i belief is lS not a proper roper subject of inquiry inquiry in in- in a case of of this sort but that a a. persons person's conduct of his or her business t 4 and his or her relations with his or 1 her fellow men is a proper subject of jo inquiry I i Judge Judge Chamberlain will open a term P J of court in tomorrow morning 1 and it probably will wiIl be e a week e k or so sot t before he lie announces es his lS selection of a a master for he said sald this afternoon that he will be very busy with his new i court for several days and will let counsel know when he picks out the master Th The Christian Scientists are jubilant over over the decision of the court to determine deter mine the question of Mrs Eddys Eddy's com con conr r potency or incompetency forthwith as their their contention from the start has been that she is fully competent and that if jf that matter should be inquired into it would result in the complete collapse 1 I r of the case of the next friends Master Is Satisfactory Three we weeks ks ago in arguing his motion motion motion mo mo- tion that the three trustees be substituted substituted as actual plaintiffs in place of Mrs Eddy and the next friends Gen Streeter invited Judge Chamberlin Chamber Chamberlin in to go out to Pleasant View with hint him hi and see Mrs Eddy and so satisfy himself himself him him- self as to her mental condition Gen Gin l Streeter made a a similar suggestion surges surges- tion to the Judge on Saturday and he W was 6 prepared to renew the suggestion estion today but Judge Chamberlain thou thought ht I the better way would be to have the investigation made through the medium of a master to be appointed by him This was satisfactory to Gen Streeter Martin ra Howe wanted the case tri tried d j. j 5 before a jury and Mr Howe said in jn incourt incourt court today that counsel will wilI file a motion moI mo- mo v i tion tion- to that effect but the decision of the Jud Judge e to appoint a master disposes of If the necessity for such a motion The Christian Scientists who departed depart depart- ed from here tonight were a happy lot and there were qu quite te a number of of them from Boston and other places as well 1 as from Concord who had bad been in court I J listening to the arguments In addition addition addi addi- tion to Alfred Farlow and Arc Archibald McLellan and a number of other Scientists from Boston there were present Mrs Emily B. B Hula Hulin and Frank H H. L Leonard onard of Brooklyn Norman J John of Wilmington Del Rev Bev S S. S E. E Simonson Simon Simon- son of New Haven and A. A E. E Miller of Philadelphia On the face of things the proceedings proceed proceed- ings today came before the court on the motion filed in Mrs Eddys Eddy's behalf to to have her rights determined and the i next c next friends ousted on the alle allegation allega allega- a tion amon among other things that they were not acting in good faith and that the suit was not for tor her best Interests J There was also before the court although although al al- though t the Judge had not seen the tho t. t papers and had no official knowledge of them until in the middle of the proceeding pro pro- ro- ro the supplemental motion fled filed Friday by counsel for the next friends emphasizing their contention that Mrs Eddy is suffering from hallucinations hallucinations hallu hallu- and delusions t M Motions Disposed Of ot Likewise there thero was before the court T through having been filed with the Clerk the request of Streeter 8 H Hellos Hollis llis as counsel for the tho trustees that th the theO O court give in ju writing the conclusions of law and fact on which the motion of the trustees trustees' for lease ve to intervene in inthe inthe th the suit snit in equity had had b been en denied S Judge Chamberlains Chamberlain's s decision to appoint ap ap- point a master muter disposed of the nece I Eity of passing on either of these thuG motions mo mo- Gen Streeter in his argument vigor vigor- assailed the mot motives ves behind the suit jn In n equity qui declaring that that it was brought by Mrs rs Eddys Eddy's enemies and not in her interests Gen Streeter gave ave his version of what he understood was the motive and the method pursued in in initiating and maintaining the action He lie said in m part This suit was brought in the name of Mary Baker G. G Eddy apparently by Geor George e Glov Glover r her son and Mary her granddaughter and a nephew It is is not true that they are th the plaintiffs it is not true that they are the next friends except as they have loaned their names to the the interests behind them That That bill charges first me metal mental tal incapacity in incapacity in capacity second a combination to seclude seclude se se- se- se clude elude Mrs Eddy and manage her property Property property prop prop- erty and third thud misappropriation of oher her property And VAnd I say to your Honor Mrs Eddy has said in her ner statement to o you and andin andin andin in her affidavit filed on the other motion motion motion mo mo- tion that these charges are all untrue and I say to your Donor Honor that we are prepared to establish that they are un un true Now Ilow ow the process of this court here is used first by a fictitious s plaintiff the rea real plaintiff does not appear Second Sec Sec- ond and it is used used used-it it is based upon false char charges el and third it t is uS used d for wrongful purposes The pretense is that the suit was brought for her ben benefit by her friends The truth is that this suit is wickedly hostile and brought by her most bitter religious enemies and unrelenting ene- ene mies mi She She asks in this motion an immediate immediate imme imme- diate investigation of the truth First whether her property interests are secure secure secure se se- se- se cure cure and second whether the trust deed of March 6 was her free and intelligent intelligent in- in in in- act and deed whether it was washer washer her deed eed and third thud whether the suit s-it was brought in good faith and for her benefit Stand Standon n Trust Deed Now your Honor preliminarily we stand on the trust deed she stands on the trust de deed dead d. d She says she was competent competent com corn potent to make it Was that deed her free fre and intelligent act was it her deed I That is the question as I understand it and thera there is no other legitimate ques ques- tion We We have cited your Honor authorities authorities authorities t ties and I believe that thil t your Honor must adopt our ur views that the le legal al presumption resumption is that she was competent to to execute that deed and when it is questioned that the burden of proof must must be be upon upon those those und undertaking to question ques- ques question question ques ques- tion it Now your Honor su suggested tested that her er I competency to make that deed at that time ou ought ht to be settled Your Honor su suggests ests that as a a practical proposition that it ou ought ht to be settled before your Honor inquires as to the other preliminary preliminary prelim i- i nary questions the questions the question of good tood I faith and the question of whether there is occasion for the suit N Now w your Honor for practical reasons reasons reasons rea rea- I sons we a agree ee We do not abandon any le legal l ri rights that we wem may y have under these thes motions nor any question that m may be properly reserved She he agrees a I for practical reasons reasons we we al all agree for practical reasons reasons not not to waive but to suspend any determination o of f I legal tal i questions for the purpose of getting the question of competency settled We We res reserve the n right ht to hav have the law questions passed upon by the Su Supreme Suo Su- preme court after the proposed hearing and we agree ree that the qu question stion whether the trust d deed ed was her deed ou ought ought to ht to be settled whether at the time that was executed she was competent to execute it Now we take your Honors Honor's informal informal informal mal su suggestion and suggestion and wa we assent When should it be settled There are three questions that come here that seem to tome tome tome me ou ought ht to address themselves s' s to your Honors Honor's conscience your Honors Honor's judg Judt judgment ment your Honors Honor's s discretion Three questions ons When s shall all it be settled how shall shaH it be settled and third under what limitations shall it ba be settled And AndI I 1 want to speak cak very briefly upon hose those three questions Settle It Now When She asks to have it settled now Speedily without delay She is 86 years rears old She is well but her physical physical phy phy- strength th as I 1 told your Honor the theother theother theother other day is not robust She can testify testify testify fy fy now She can tell you or your ap appointee appointee appointee ap- ap if your Honor cannot sit it and shall appoint a master she master she can tell you or the master oj or masters asters whom you may appoint why she did it H. She can Jt give ve her reason She can explain She prays the chancellor to let her explain explain to to give ve her a a. chance to explain now and have that question determined Her Iler enemies propose delay They want it postponed They have come immediately upon your Honors Honor's filin filing your decision the other day they day they im um- immediately immediately mediately give notice to take depositions the the notice returnable on the first of July and the depositions to be used at the October term To permit such a course would be a a. denial of justice to her ber They say that they want to aid her to help her Why do they want to delay I they want time to prepare further farther slanders against her They want to tn take depositions On what issue do the they y w want ant to take tat e depositions depositions depositions The question is what was her condition when this trust deed was executed executed executed exe It cannot be difficult for fOE your Honor to find ford a wa way to determine that question ques ques- question tion soon How How shall it be determined I T do not know of course cours how your Honor may look at it itt but I I have a again ain reviewed the authorities and it seems to me tb that t apart from the the eminent authority authority authority au au- au- au of Jud Judge e Putnam himself but because of at the authorities that he cites in support of the view presented in King Kint vs the the McLean asylum that that mastbe must mast be tha he ha law that should govern overn the court eI And And on that how In such a way as to satisfy your Honors Honor's conscience on information acquired in in such a way as as' you may deem best The proceedings may be formal they may map not be formal as you shall shan decide They are not inherent inherent in in- herent proceedings proceedings formal formal proceedings proceeding'S are not inherent They may be formal proceedings s with l limitations placed upon the master But one thing is certain that certain that on this question thera there can be no parties litigant on liti litigant on nt-on on this question that is to be determined this preliminary question there are no parties litigant ant The next friends have no standing as parties What thes J next friends may mav mavor mayor mayor or may not do what art they may take depends upon your Honors Honor's Honors Honor's order Now your Honor su suggests suggests suggests-it it it seems to be that following Judge Putnam there makes an absolutely clear course Your Tour Honor has sut suggested a master We very greatly prefer the court and for reasons that must be obvious to your Honor If we are trying that ques ques- tion before the the court then when evidence evidence evidence evi evi- dence arises arise or is ill offered that is not material that does not tend to prove the real issue which your Honor is to try or which is to be tried under the direction of your Honor but is put in in for th the purpose of trying a a. false and fictitious fictitious fictitious fic fic- issue if your Honor was trying the case it could be t e determined upon the spot and the rights of all the parties could coula be protected Master in the Judges Judge's Place I. I But your Honor su suggests that you are unable to give your personal attention attention atten atten- tion thin to this measure and we so much desire de sire an immediate hearin hearing that if the court cannot then let it by a mast master r or masters with instructions from the court coutt as to what they shall |