Testimony was taken on the part of Mrs. Eddy, the [5]

defendant being present personally and by counsel. The

time for taking testimony on the part of the defendant

having nearly expired, he gave notice through his counsel

that he should not put in testimony. Later, Mrs.

Eddy requested her lawyer to inquire of defendant's [10]

counsel why he did not present evidence to support his

claim that Dr. Quimby was the author of her writings!

Accordingly, her counsel asked the defendant's counsel

this question, and he replied, in substance, “There is