Accession: 160B.26.067
Editorial Title: John Carroll Lathrop to Calvin A. Frye, 1899
Author: John Carroll Lathrop 
Recipient: Calvin A. Frye 
Date: 1899 - archivist estimate
Manuscript Description: Handwritten by John Carroll Lathrop on unlined paper.
Editorial Note: This letter concerns plans for the defense in the lawsuit for libel brought against Mary Baker Eddy by Josephine Curtis Woodbury on July 31, 1899 and concluded in Eddy's favor on June 5, 1901.
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160B.26.067
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Reproduced from the archive of The Mary Baker Eddy Library
Dear Brother.

I will give you the particulars just as I received them.

After leaving you yesterday a.m. I stopped at Lawyer Streeters office and was told by his sister that he had been trying a case all week at Claremont New HampshireAs Written:N.H. and would be back to ConcordEditorial Note: Concord, New Hampshire today (Sat) about noon or surely in the evening depending upon whether Court held during afternoon. He would be at home all next week but she thought he would be quite busy.

I saw Mr Elder by appointment at 2 o'clock & told him of our decision in regard to waiting until Monday before informing Mother and our reasons, which he approved of. He said at once that you personally were in no danger of any violation, as attachment was merely on real estate and that was why no one was put in charge inasmuch as real estate could not walk away etc.

He was glad to hear that mother would prefer Mr Streeter and suggested that he drop a line at once to S. merely to prevent him from engaging himself or the firm to another. Then when duly authorized he can act in harmony with S. and accomplish all that is right.

He says the same demurrer can be made in Concord & these developments will not alter the demurrer or his plan of procedure here in the least. He intended to go around personally yesterday afternoon to Clerks office get all the information he could & either today or Monday morning make personal application to the Judge to hear the argument at the earliest date - This information I will try to obtain & bring up on the 11.30 train Monday. Meanwhile he will gain from Morse the facts relating to the understanding had at the Sheriffs office in the beginning. This understanding which Morse had with Peabody was that if Mrs Eddy accepted service in BostonEditorial Note: Boston, Massachusetts the suit against her would not be brought in New Hampshire.

Elder says there is really no law to prevent this violation of verbal agreement as law allows the bringing of suits in several states, but Morse is now looking up one or two witnesses which he had to the agreement & will report before Monday.

Mr Elder reiterated this point which Mother does not seem to be quite clear on, that the very fact that the enemy has now brought suit in New Hampshire & has a legal right to, do so proves that, as he states it, she is the only mark they are aiming at, & nothing either the Church or the students might have done in a legal way in the first place could have prevented such action.

All that can be done by us legally is now being done and mentally God knows we are on top! and Truth must & will triumph.

Elder says also that the decision here in MassachusettsAs Written:Mass. on demurrer will not necessarily influence the court in New HampshireAs Written:New Hamp. but is apt to have a great moral weight & effect.

I saw Judge Ewing this morning & went over the matter with him posting him as to the present situation. He had just received a telephone message from you calling him up there, so it is well he is informed

I am sure all is now working out right & this evil has not the power of God but has no power. So be it.

With love
John

P-S- I will take 11.30 train Monday am unless advised to the contrary.–

160B.26.067
-
Reproduced from the archive of The Mary Baker Eddy Library
Dear Brother.

I will give you the particulars just as I received them.

After leaving you yesterday a.m. I stopped at Lawyer Streeters office and was told by his sister that he had been trying a case all week at Claremont N.H.Expanded:New Hampshire and would be through back to ConcordEditorial Note: Concord, New Hampshire today (Sat) about noon or surely in the evening depending upon whether Court held during afternoon. He would be at home all next week but she thought he would be quite busy.

I sayw Mr Elder by appointment at 2 o'clock & told him of our decision in regard to waiting until Monday before informing Mother and our reasons, which he approved of. He said at once that you personally were in no danger of any violation, as attachment was merely on real estate and that was why no one was put in charge inasmuch as real estate could not walk away etc.

He was glad to hear that mother would prefer Mr Streeter and suggested that he drop a line at once to S. merely to prevent him from engaging himself or thie firm to another. Then when duly authorized he can act in harmony with S. and accomplish all that is right.

He says the same demurrer can be made in Concord & these developments will not alter the demurrer or his plan of procedure here in the least. He intended to go around personally yesterday afternoon to Clerks office ex get all the information he could & either today or Monday morning make personal application to the Judge to hear the argument at the earliest date - This information I will try to obtain & bring up on the 11.30 train Monday. Meanwhile he will gain from Morse the facts relating to the understanding at had at the Sheriffs office in the beginning. This understanding which Morse had with Peabody was that if Mrs Eddy accepted service in BostonEditorial Note: Boston, Massachusetts the suit against her would not be brought in New Hampshire.

Elder says there is no really no law to prevent this violation of verbal agreement as law allows the bringing of suits in several states, but Morse is now looking up one or two witnesses which he had to the agreement & will report before Monday.

Mr Elder reiterated this point which Mother does not seem to be quite clear on, that the very fact that the enemy has now taken the brought case into suit in New Hampshire proves & has a legal right to, do so proves that, as he states it, she is the only mark they are aiming at, & nothing either the Church or the students might have done in a legal way in the first place could have avoided prevented such action.

All that can be done by us legally is now being done and mentally God knows we are on top! and Truth must & will triumph.

Elder says also that the decision here in Mass.Expanded:Massachusetts on demurrer will not necessarily affect influence the court in New Hamp.Expanded:New Hampshire but is apt to have a great moral weight & effect.

I saw Judge Ewing this morning & went over the matter with him posting him as to the present situation. He had just received a telephone message from you Concord appoin calling him up there, so it was is well he was is informed

I am sure all is now working out right & this evil has not the power of God but has no power. So be it.

With love
John

P-S- I will take 11.30 train Monday am unless advised to the contrary.–

 
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Concord, New Hampshire Boston, Massachusetts