The Salt Lake tribune. [volume] (Salt Lake City, Utah) 1890-current, 1909-05-21
PLURAL WIFE LOSES
IN PROPERTY SUIT
David Jones, POlygamist, Sues
Ellen Joyce Evans, Who Bore
Him Ten Children.
JUDGE MORSE RETURNS
PROPERTY TO JONES
Polygamist Says He Was Men.
tally Unsound When the
Transfers We're Made.

Judge Morse of the Third district
The case of David Jones, polygamist,
against Ellen Joyce Evans. his plura!
wife, taking the property upon which
the defendant and her nine children by
Jones have lived for moro than quar-
ter of 4 century away from her and Civ
ing it 10 Jones.
Jones was of uusound mind when he
decided the property, which comprises
two pieces Of ground, one containing ten
acres and the other ll,I5 acres III see
ion 80. township south. range | west,
Salt Lake meridian. to Mrs Evans. IN
1902, the court found. and the deeds
were cancelled.
This was the second ;Iial of this now
noted case The original suit was filed
April 10. 1906, and on December I, 1907.
Judge Morse entered Judgment in favor
of the defendant. The plaintiff imme,
diately entered motion for new trial
On the grounds of newly discovered cvl-
dcnce. which motion was supported by
numerous atfidavits as 10 Jones s insan-
ity, and on July 5. 1905, Athol RawiIns
was appointed guardian ad Htem of
Jones and the motion for new irlal
granted.
Both Are Mormon,
The litigants. both Mormons. were
married in the old endowment house,
under the endowment ceremony. in Oc-
tober OF 1876 Sarah y. Jones, who died
childless May 10. 1902, being Jones S !e-
gal wife. There were ten children born
of the polygamous union, nine OF whom
are living. as follows:
Sarah T., born IN 1873; Daniel, born
1883; Mary. born 1885: Mabel. born
;,liyo horn flvpO horn
1898; Arthur, born 1896; Thomas Leon
ard. born 1898: David. born 1901.
Jones alleged that his plural wife. III
August of 1902, fraudulcntlr took ad-
vantage of his mental incapacitv, pro
duced by an injury received in fall
from load of hay a year before. and
induced him to sign pretended war--
ranty deed conveying the FIRST piece of
property, which was the homestead, to
her, and or September 26. 1906, induced
him to sign another pretended warranty
deed conveying the second piece of
property 10 her. Charging uoudelivery
and failure of consideration, and plead
ing insanity, Jones demanded the can
collation. of the deeds which had been
restored. setting up in support Of his in
sanity plea his commitment 10 the state
mental hospital al Provo September 70,
1902, and his detention there until July
Of 1905
Mrs. Evans answered. setting mp her
marriage 10 Jones. as hls plural wife,
under the rites Of the Mormon church,
Of which both are members. at the en-
dowment house, in October of 1876,
their living together as husband and
wife under the sanction Of the religious
orgaui cation of which ther were mem
bers. for twcnty-six years. and the birth
of ten children, one of which Is dead, 20
thcm.
Allegations Denied.
Mrs Evans denied that Jones : in.
jury seriously affected or incapacitated
him mcntallv, She admitted that she
made affidavit for Jones : commitment
10 the state mental hospital for treat.
mcnt for mental unsoundness. but in
justification Of this said that following
the death of his legal wife in MAY of
1902. after an illness of only few days.
he became melancholy and morose and
expressed the fear that ne might die
suddenly, like his legal wife. OF his
own volitiop. and without urging from
her, she asserted Jones. in July of 1902,
employed Niels Lund, notary public
at Bingham Junction. 10 prepare the
deeds conveying the first piece of prop
erty 20 her. and in September Of 1902
had tho other deed conveying The sec
ond piece of property to her made out
and delivered, following which, in No
vember of that year. his mind became
unbalanced, Mrs. Evans further set out.
aud, acting upon The advice of physi.
clans and friends, she made application
for his admission 10 the mental hos.
pital.
The property is near Union. Jones
IS about siXty.fvc wears old aud Mrs
Evans is near the same age