The Logan Republican. [volume] (Logan, Utah) 1902-1924, 1915-07-13
NOn,SuIt Motion
Made by Defense
Contention Entered That Plaintiff "
E es Matter Has Not Proved
His Case

Ogden, July S,-Except for the de.
position of one tness yet to be pre-.
sented the plaintiff in the case of Al
bert Eccles who is suing to establish
his claim as son and heir of the late
David Ecces, rested its case this
morning Immediately thereafter the
counsel for the defense moved for non
suit and this motion was being argued
when court adjourned for the noon
recess. Before counsel for plant II
announced that the testimony was all
in. they called Albert Ecc'es to the
stand, but on motion of the counsel
for the defense the boy was not per.
mitted to testify concerning any con-
versation he may have had with the
late David Eccles, his alleged father.
Objection to his testimony was based
on the ground that any statement by
him concerning what David Eccles
had said to him would be in the ma
ture Of self serving declarat on and
would come under the restriction of
subdivision 3. section 34l3 revised
statutes Of Utah.
During the argument on the motion
for nonsuit the jury was excused from
the court room, Attorney Gustln for
the defense announced that the argu-
ment would take from two to four
hours. Mr.. Gustin based his motion
for nonsuit on the ground that the
petitioner (plaintiff) had failed to
prove his case in any manner that
would require under the statutes the
Eccles estate or heirs to defend; that
no proof or acknowledgment as re-
quired by the statutes had been shown
that the plaintiff had failed to prove
that he is the issue Of a null marri-
age. Mr.. Gustin insisted that the
court should place definite construc-
ton on the term acknowledgment
for the public welfare, and should pre-
vent opening the door to what he des-
ignated as IA food of evil in the com
munity."
Nine Witnesses Called
In the first hour and half oil
court this morning nine witnesses
were called to the stand. The first OF
these was Joseph S. Geddes, Of Pres
ton. Idaho, brother of Grant Geddes
| xyhn
ed prominently in the trial. Mr.. Ged
des was asked to read plaintiff 5 CX
hibit b, a letter written by Margare
Geddes to her brother.in-igw. Gram
Geddes, under the date of March s
1903. This is the letter in which Mrs
Geddes told Grant Geddes that The
father of Albert was angry at hel
because she would not write n lette,
generating him from the paternity
of the boy. The witness identified
the letter and said 1t had been giver
to him by his sister, Lizzie Carver
about February 1915. A motion b!
the defense to strike his testimon.
from the record was denied. Their
was no cross examination
Mrs. FL zabeth Geddes Carver,
sister of the Geddes brothers and re
ferred to throughout he trial a.
Aunt Lizzie,' was callel u the st:n'
and identified the letter. She salt
that she had received it from Mar,hj
Geddes, widow of Grant Geddes. Nc
tion to strike out her testimony wa
denied.
Mrs. Martha A. Stoddarl Geddes
widow of Grant Geddes, was ,Eol
called and identified the same letter
Mrs. Martha Geddes Is a sister o
Ellen Stoddard Eccles, second wifi
of the late David Eccles Mrs. Ged
des was not cross examined, and nc
tion to str. Ike out her testimony wa
denied.
Mrs. Ellen Stoddard Eccles wa
then asked to take the stand. Mrs
Eccles seemed surprised TO be calle
by counsel for plaintiff. It Is under
stood that she will be one Of the mai
witnesses for the defense. Mrs. liz
Giles testified in asnwer to question
that she was the mother of several {
David Eccles' children who are d,
PENDANTS in the present action. sh
also said that she was married {
David Eccles in the Logan temple l
January, 1885, by the late NJ. w