The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1910-01-05
Judge Dana Overrules Motion In
Jones Case.
Wife Has Right to Portion OF
Husbands Property.
SHE GOES ON STAND.
Tells of Her Husbands Peculiar
Actions.
Her Attorney Also Gives Details
of Divorce Proceedings.

eff ever a court had occasion to eX-
ercise its power in equity, this is the
case Must this wife sit still while ner
husband disposes of the entire property
accumulated by both of them during
their married life" This was the an
swer of Judge Dana to the attorneys
Of Theodore w. Jones. who raised Cd
jections of a rather technical sort In an
endeavor TO have the case of Mrs. Ellen
G. Jones dismissed this morning
ATTORNEYS McKeever and Hazen for
Jones contended that the plaintin was
bringing the actions in a reverse order
than that prescribed by the statutes
that a judgment must be secured
against q defendant before SUIT can
be brought for its collection w nat 1ite
attorneys for Mrs. Jones are trying TO
do is to have the conveyance OF the
Topeka properties set aside and LETT In
the equitable possession of Mr.. Jones
that they may then collect the allmonY
for Mrs. Jones as granted by the chi
cago court. $500
Judge Dana granted that the defend
ents might be right in the case OF
simple creditor but stated, You can
not relegate this woman to the posi-
ton of a simple creditor. You cannon
make her sit still while her husband
makes away with the property she has
helped accumulate. If that were not
true, then wife can be robbed OF ev-
cry dollar accumulated in her married
life"
The plaintiffs attorneys, Chas. F.
Vogel of Chicago and John w NeWeH
we're allowed TO present their case some
additional facts of the sensational pro-
cedures of the life of the Jones and
Marie Thomas for the last Y years
when T. w. Jones left Mrs. Ellen Z.
Jones in Chicago.
Tbn 0T7 in n evidence gathered
by the attorneys to show systematic
and shreWd process of fraud practlceo
10y Mr.. Jones. his attorney, EDWIN MOT
ris, Marie Thom-S, and MIS- +. Il.
legged tools of Ed Morris and Admiral
Hodges, a clerk of Mr.. Morris In ms
Office, to convey the property from the
legal possession of Mr.. Jones and out
of the reach of Mrs. Jones, is set forth
One of the first links of the chain is
given as the meeting of Jones and Miss
Thomas in Richmond, Va, in 1902. Marie
Thomas had not cent, it is alleged,
her father was a hack driver and al
way had been, his home was mort
gagged and yet Miss Marie suGdenly Wen
to school up near Washington, later
took a course of nursing, spent year
at home and then went to Chicago IN
1906 to Mr.. Jones, who kept her IN
luxury while he was suing for d.
yorce from his wife in South Dakota.
Shortly thereafter and when Mrs.
Jones had finally gotten judgment
against him for alimony, Mr.. Jones
opened an account in the Illinois Trust
and Savings bank and deposited $4,000
The same day Marie M. Thomas drew
out that $500 and thence the occur
renee was regular-he depositing and
she drawing. About the same time
Miss Thomas engaged friends In To-
peka to buy property for her. They got
her a piece of the Governors square
toe 30 y01r NJ
$4,000 or more. when Jones closed his
account with the bank and Marie wrote
to Topeka that she had all the property
she wanted here.
Shortly afterward Miss Thomas came
to Topeka to live in one of the proper
ties in the fall of 1907. Meanwhile Mr.
Vogel was trying to collect the alimony
for Mrs. Jones. The big transfer bust
ness of Mr.. Jones had burned out and
the insurance had been most part COL
1ected-and the attorneys allege turn
ed into Topeka property by Miss Thorn
as. A date was set for Dec. Fl when
Jones was to pay. On that day as
agreed he set out for the bank to de.
post $1,000 to be paid at the rate of $40
n month to his wife. but at the bank he
deposit cent, and fled to Topeka
where he married Miss Thomas on
Christmas day, 1907.
Later when Mrs. Jones came to To-
peka, having had the South Dakota di-
vorce set aside by reason of false afr
davits of personal service. made before
Mr.. Hodges notary in Morris office,
and brought an action against her hus-
band for bigamy, the property, except
that in the Governors square which
was sold to Mr. H. A. Auerbach. was ali
conveyed by Miss Thomas to E. E.
Gahagen for 81 and other valuable con-
siderations. When dispositions were
sought from E E. Gahagen, Mrs E f.