The Salt Lake tribune. [volume] (Salt Lake City, Utah) 1890-current, 1907-06-03
PLURAL WIFE KEEPS
VALUABLE PROPERTY
judge Morse Renders Decision
i'm Favor Of Ellen JOice
Evans.
MORMON P0LYGAMIST
DEFEATED IN COURT
Important Cases on Trial and
Filed in District Court
Saturday.

Daniel Jones failed to recover prop
erty decided by him to his plural wife,
Ellen ]. Evans. Judge Morse decided
the case Saturday in favor Of the de.
fendant. In his complaint, filed April
10, 1906, he alleged that he had decided
property at Union, Salt Lake county,
to Ellen Joice Evans, who. he claimed,
took advantage of his natural incapac-
ity resulting from fall from load of
hay in 1901, and induced him to sign
the transfer September 26. 1909, the
day before he was committed TO the
State mental hospital Mt Provo, Mrs.
Evans in her answer stated that she
was married TO Jones as his plural wlTe
in October, 1876, and she bore TO him
ten children. nine of whom were living
last year, and who were recognized by
him and lived in house provided for her
and them on The property in question.
She claimed that the transfer Of the
property was upon his own motion and
with the object and purpose of provld-
ing for the defendant, who had sustain
cd the relation Of faithful wife to-
wards him for 26 years under the sane
tion of the religious organization TO
which they belonged, and to provide
for the children whom they had thus
brought into the world The decision
leaves the property in the hands of the
plural wife.
f. C. Loufbourow, District Attorney
has filed notice on the District Court
abandoning the case against j. s.
Castleberry. The document states that
the evidence is not sufficiently strong
against Castleberry to warrant the
State in putting him again on his trial
for embezzlement, Castleberry was
tried twice on separate charge of en-
bezzliug from his employers, Smith s.
Mason, agents for the Colorado Life
Insurance company. He was acquitted
on the first charge and the second trial
resulted in a disagreement of the Jury.
Castleberry was defended by E. A,
Rogers.
Lucien B. Holmes is suing the Sells
Floto shows in the District Court.
Holmes is a hack driver and his horses
were standing on West Temple street
when the parade passed. Either the
elephants, the clown, or the steam CALI
ope frightened his horses. and they ran
away, breaking up the hack and person
ally injuring Holmes, who wants $500
damages.
Fred Peterson, E. Linkel, w. n.
Hurd, W. p. Read, F. A. Wedgwood,
and Gland Erskine, are stockholders in
suing NJ. T. Lyon, president of the com
pauy, C. L. West, secretary; M. II.
Knebel and F. c. Robinson. directors,
for an accounting of It's affairs The
allegation is made in the complaint that
the officers have levied an assessment
of one cent a share illegally, and that
they themselves have managed to avoid
the payment of their own assessments
by claiming Indebtedness OF the com
pany to them, amount To $500. A re-
straining order has been obtained to
prevent the officers from disposing
Of any of the stock delinquent unde
the alleged illegal assessment until the
matter is adjudicated,
Judge Morse on Saturday gave judg-
ment in favor of the defendant in an
action brought by j. T. Donohue
against Samuel Mcintyre, who claimed
that he was entitled to 10000 shares
of Ajax Mining company stock, having
loaned the same to the defendant to
enable the latter to secure control of
the company. The defendant. who is
brother-in-law of the plaintiff, contend
ed that he had been obliged to carry
the assessments on. The quarrel is an
old one, going back twelve years, the
transaction having taken place in 1895.
The demurrer of the defendant was
overruled Saturday in the case of Mrs.
Leonora E. Waddell against her step
son. DIR. William A. Waddcll. In this
Waddell stole from his fathers desk,
after his death, a deed he had given
hlm of property In Idaho. She sued
to recover the property and obtained a
restraining order preventing the doctor
from disposing of any of his property
IN Salt Lake, or Of his Office furniture
or of some fancy breeds of dogs which
he kept, The restraining order was
vacated by the court Saturday.
H. s, Tanner was given Judgment
beth Livingston by Judge Morse on
Saturday, He sued for s679.60 and in
terest from July, 1904 for attorney s
fees due for services rendered defend.
ant Ill suit brought by her against
the Copper King Mining company, in
yolving the title to mining claims.
Judge Morse on Saturday denied an
injunction to the Bailey Lake Duck
club restraining a. j. Hamin from
shooting on their preserve, though the
club was allowed nominal damages OF
81 for the trespass on the land. The
club owns preserve aud brought suit
against Hamlin for shooting on the
property in October, 1905.
Judge Morse overruled the demurrer
In the case of the New State Gun club
against John 2. Sorenson. The action
is being brought to restrain Sorenson
from taking waters of the Jordan riyar
under permit from the State Engineer
fish pond and preserve of the club ara
thereby depleted,
Motion for new trial was denied bv
Judge Morse in the case of Rob srt
Reden In the suit against Francis G.
Luke. and the Merchant IS Protectiye
association, in which illegal methods
are alleged on the part of the collec.
tion agency in the collection of a debt !
due the Nephi Cooperative Mercantile |
4 manufacturing institution. The de- |
their appeal