Cottonwood chronicle. [volume] (Cottonwood, Idaho) 1917-current, 1923-01-19
MARRIED TO HIM
AND NOT HIS wife
MRS. BENOY HAPPY NINE
YEARS-LEGAL HUS-
BAND APPEARS.

One Of the most peculiar suits
ever coming before an Idaho
court and possibly one without
precedent in this state, came be-
fore Judge Wallace N. Scales in
the district court yesterday
morning, when Mrs. Jane Benoy
was granted an annulment of
her marriage to Thomas Benoy,
taking place about nine years
ago, although all during this
time the couple had lived very
happily.
The marriage annulment came
up in Idaho county, both the
plaintiff, Mrs. Benoy, and the
defendant, Thomas Benoy, being
residents of Sites, both highly
esteemed and very well known.
For many years Mr.. Benoy has
been engaged in the blacksmith
ing trade in the Clearwater town
Representing Mrs. Benoy was
Attorney M. Reese Hattabaugh,
while Major Frank Fem, of the
law firm of Fem & Fem, appear
ed in behalf of Mr.. Benoy.
The reason for the annulment
of the marriage between Mr.. and
Mrs. Benoy, which was solemniz-
ed in Grangeville by Judge De
Haven, was that when the cere-
mony took place Mrs. Benoy was
not legally free to marry, having
q husband living in Lewiston in
the person of D. L. Lloyd, a wood
sawyer, residing at 1885 G.
street, and who is well known
in Lewiston.
According to evidence adduc-
ed at yesterdays hearing, the
woman was married to Mr..
Lloyd about 1902, this taking
place in the Clifford section.
After having lived together for a
comparatively short time, Mrs.
Benoy said she received a letter
from Mr.. Lloyd in which he stat
ed that he had "gone to mini
ster and secured a decree Of
divorce" The woman upon re-
ceiving this advice considered it
true and after several years
married Mr.. Benoy. On the
stand Mr.. Lloyd denied that he
had advised his wife that he had
obtained divorce decree,
Nevertheless, Mrs. Lloyd consid-
cred herself a free woman, and
when she was united in marriage
to Mr.. Benoy it was never
thought of by either party that
the laws unseen hand failed to
legalize their marriage. The
couple were pleasantly located
in a nice home, never a cross
word came between them, and in
every way they showed great de-
votion for each other.
About last Thanksgiving time,
according to evidence submitted
yesterday, a daughter to Mrs,
Benoy by a previous marriage,
happened in Lewiston, and at
that time was advised by Mr..
Lloyd that Mrs. Benoy was still
his wife. This word was con-
veyed back to the Benoys, and
then an investigation began.
Attorneys were consulted and
the case has been given atten-
ton ever since.
When Mrs. Benoy was ques-
toned yesterday regarding hel
case she showed signs of much
grief. She and Mr.. Benoy were
both present. The question was
asked whether she would re-
marry the man from whom she
was separated yesterday, and
tears came to her eyes. The
same question was put to Mr.
Benoy, and he did not try to hide
the great admiration he held out
for the woman he was married
to, but who was not his legal
wife.
1t is thought that the next
step to be taken will be that of
Mrs. Benoy securing divorce
from Dell L. Lloyd, and after the
Ii pse Of six months, as required
by law, to again be united in
marriage to Thomas Benoy.-
Lewiston Tribune.