OCR Text |
Show 1 IS. GEDDES TESTIFIES SHE WAS PLURAL WIFE OF DAVID ECCLES , Mother of Albert Geddes Eccles First Witness in $6,000,000 Heirship Case Judge King Outlines Evidence by Which Plaintiff Proposes to Prove Boy's Claim Marriage Ceremony Performed in Ogden Lumber Office, Asserts Attorney King. Most of th time of the court in the i Goddes-Kceles heirship ease was taken tak-en up this morning by Judge William H. Kin?, attorney for the plaintiff, in stating to the Jury what will be shown by the testimony of sworn witnesses wit-nesses on the stand Judge Kin? rather dramatically iead the plnln-tlff's plnln-tlff's pleadings in the case and concluded con-cluded by narratlnc the story of a i young girl from the old world who bad liwd in a polygamous relationship! since coming to this country in con-ormity con-ormity to a religious belief which she espoused. The attorney related that the evidence evi-dence would show that In Scotland, mi years ago, was born Margaret purgeson Cullen. She became a Mormon Mor-mon convert and came to Utah in 1884, marrying William S. Geddes of PlainvClty as a plural wife the same rar. The lawyer said that she be-, be-, ioei in plural marriage and that she' had acted in good faith respecting such! practice, even though such marrlas ' were not legal under the laws of the I'nitcd States. He said that she bore children ly Mr Geddes but. because of prosecutions under the Edwards law, had taken an assumed name, first being known as "Maggie" Cul len, then as "Maggie" Furgeson and afterwards as Mrs. William Stewart, finally being known as Margaret Geddes, Ged-des, which was after the death of Mr. Geddes. Mi King said that the evidence would show that Mr. Geddes died In about the year 1895, leaving Mrs. Geddes with three children. He had been employed by some of the companies com-panies in which David Eccles, deceased, deceas-ed, was interested and left an interest inter-est in certain stock, which he had partly paid for, with Mr. Eccles. He ' said thai Mr. Ec1es told the first and second wives of Mr. Geddes that he would pay back to them the amount Mr. Geddes had paid on the stock for their support.' which he did. The attorney at-torney said that it would be shown that Mr Boclaa was very kind to the; widowed womn and that his kind ness soon ripened into love for "Maggie" "Mag-gie" He said that Mr. Eccles was a man of great force of character and that ho had large commercial inter eate in the country, Mrs. Geddes had a rry great regard for him and finally fin-ally it was agreed that, if it were ios Bible to have the ceremony performed, they would marry. Marrhage Performed, Says Attorney. It was further related that at this time the manifesto, issued by President Presi-dent Woodruff against the saints participating par-ticipating further in plural marriage, had been sent out to the people and it i was a question with Mr. Eccles and Mrs. Geddes whether church marriage could be consummated Finally, however, how-ever, the attorney said. Apostle Mar-riner Mar-riner W. Merrill consented to perform the ceremon. The three met in the Eccles Lumber company's office of this city, Mr. King said, and the marriage mar-riage perfected Mr. King said that the testimony would show that the marriage was considered as only a ' union" for time, in contrast to temple marriage to first wives for "time and eternity " The judge claimed that the marriage took place in August of 18S8, and that on May 21 of 1899. Albert Eccles was born. The attorney said that because of the manifesto and the law against plural marriages such marriages as that between Mr. Eccles and Mrs Geddes were held In secrecy; that the plural wives lived under assumed names and that their children were known under names different from that of the father. This would account, ac-count, he said, for the name which the third wife In the Eccles family lore, and the name under which the boy was generally known. lie said that the boy was born at St Mark s hospital In Salt Lake, and that Mr. Eccles paid the bill, as would be shown by the testimony. He also said that Mr. Eccles frequented Mrs GeddeB home in Salt Lake, sometimes remaining over night, other times only for a short period He also stated stat-ed that upon a number of occasions Mr Eccles had addressed the boy as "son." gave him money and talked with him about his school work. Admission Is Charged. Judge King stated that the testimony testi-mony would show that when David Nielson, a friend, was angry at Mrs. decides 'because she would not divulge the husband of her secret and plural marriage Mr Eccles had told him that he was the father of the child and that he would provide for the boy and his mother. The attorney also said that Mr Eccles had told Secretary Gibbs of the Mormon church head- quarters in Salt Lake that he was the , father of Mrs. Geddes child by a poly 1 famous marriage and that he wanted her respected in Mormon communities as all plural wives were respected. This statement was made by Mr. Eccles, Mr King said, when the bishop of Plain City was about to excommunicate excom-municate Mrs. Geddes from the church for not explaining the paternity patern-ity of her child. The narrator said that it would bo shown that Mr. Eccles has provided for Mrs Geddes and the boy at all times and that he was much devoted to them. He said that Mr. Eccles presided at the table when in the Geddes home, asking grace, as good Latter-Day Saints always do, and sometimes asking the lad, after he was old enough, to bless the food He also said that Mr. Eccles purchased purchas-ed a home for Mrs. Geddes an directed direct-ed the affairs of the home when he was there. Mr. King said that Mr Eccles had just left the home of Mrs Geddes when be was stricken with death in December 1912 and that on that day he left her $100. Mrs. Geddes First Witness. Mrs. Geddes was the first witness called but she was on the stand only a few minutes before the noon adjournment ad-journment She told of her birth in Glasgow, Scotland, in March 1865, and of having hav-ing been converted to the mormon religion. She said that she came to Utah in 1884 when she was but a girl and that she married William S. Ged-dps Ged-dps immediately afterwards. She said that she was married in the Mormon temple at Logan by Apostle Merrill, who married her and Mr. Eccles a number of years after. Tho witness paid that at first after marriage to Mr Geddes she went by the name of Mrs. Cullen, then Mrs Furgeson, aft er which she was known as Mrs William Wil-liam Stewart, 'her husband's given name being William Stewart, and that after Mr. Geddes' death she took his name. Follows Attorneys Outline. Conforming to the story' told by Judge King in his opening statement, Mrs Geddes continued to tell this afternoon of her life 6lnce the time she left the old country, earnestly stating that Mr. Eccles had been kind to her and had always provided for her, She told of the courtship after her husband's death, stating that the first friendly relationship was when Mr. Eccles told her that he would pay her the money that Mr. Geddes had expended ex-pended on certain stocks. The friendliness, she said, grew stronger and, after a short time, Mr. Eccles proposed that she become his plural wife. She said that they talked about the possibility of having such a marriage mar-riage ceremony performed in the face of the fact that it . was contrary to law and also againBt the provisions of the manifesto which was issued rby the president of the church in 1890. Mrs Geddes continued by saying that Mr. Eccles told her he thought Apostle Merrill could perform the ceremony, calling her attention to the fact that' the apostle had performed the ceremony when he married his second wife at Logan and also that the apostle had married herself and Mr Geddes. She said that It was finally agreed that they should marry and Mr. Eccles told her that he would find some one to marry them. The witness said that it was understood under-stood that the marriage should be held as a profound secret because of existing conditions and that she should not use his name. She said since the time of the marriage to the day of Mr Eccles' death he had visited her frequently and had provided pro-vided her with a livelihood. She said that he arranged for the moving of her household goods from Salt Lake to Plain City and that he always aided aid-ed her in all the affairs of the home, claiming that they would talk over their family affairs the same as other oth-er husbands and wives In April of 1899, Mrs Geddes said, as she was sitting on Mr. Eccles' lap at her home in Salt Lake, Mrs. David Nielson, her aunt came In. seeming to be somewhat put out at the occurence oc-curence and the witness said that Mr. Eccles asked her If she did not know of "Maggie's" condition, to which she replied that she did not. Then, Mrs. Geddes said, Mr. Eccles asked her if "Maggie" could not go to her home for her confinement. Mrs Nielson said that it would be impossible to accommodate her at her home but that she would go with her to B doctor and aid her In making ar rangeraents at the hospital, which Mrs Geddes said that Dr. Bowers was employed and that she went to the St Mark's hospital where the baby was born May 21, 1898 The witness told of the many Instances In-stances where Mr. Eccles had called lbert his son and had said that he was more pleased with him than with any of the other chlldreu. remarking what a large boy he was for so smal a mother. The witness said ha Mr Eccles told David Nielson that he need not worry about "Maggy as he would take care of her and their beautiful son. She said that he gave the lad money and treated him as a son at all times when In his pres- lILate in August, the witness said, Mr Eccles told her to come to the First National Bank in the evening and they would be married as he had arranged for the occasion She said 1 sV went to the hank, but Mr Eccles told her that he had concluded that It was too public a place and for her to go to the office of the Eccles Lumber company on Twenty-fourth street She stated that she did as requested and that when she reached he Phlce Mr. Eccles opened the door and let her in As she entered the room she saw a man whom she recognized recog-nized as Apostlo Merrill and Mr Eccles introduced by saying, "this is I Maggie " Ceremony In Lumber Office. The witness said that the apostle aid to her that he had corno to lorm a union between her and David, mean- g Mr. BCOloi, and that he used the ord 'union" advisedly, because mar iagt, for anything more than time, - were not permitted In the church at that time. A "union" was looked upon1 as marriage but not for 'time and eternity " She and Mr. Eccles were required to stand before the apostle, the witness wit-ness said, and after each of them had been asked whether they desired to be united in wedlock, tho answers le-Ing le-Ing In the affirmative the apostle said: "By the power and authority in me vested, I unite you in marriage for time only." Mrs Geddes said that she went to the Eccles home that evening and was taken in a buggy to her home In Plain City, the hired man driving the rig. She said that Mrs Ecclos questioned ques-tioned her about being away from the house so long and inquired of her where she had been but that she made no response Jury Obtained In One Day. Continuing court session until after 6 o'clock In Judge Howell's division of the district court last evening, the following Jury was selected and sworn to try the issues: W. N Baker. Roy; H. H. McConl, Ogden; Robert C. Bybee, Uintah; Nils Lofgren, Huntsville; John Warren, North Ogden: George Tlmmerman, Ogden; John Parry, Ogden, and John H. Higley of Hooper All the Jurymen except Mr Tlmmerman Tlmmer-man and Mr. McCool are members of the Mormon church and nearly all of them are farmers. All the jurors were questioned very closely a8 to whether they were prejudiced preju-diced against children of plural marriage mar-riage and they were also required to state whether they would be prejudiced preju-diced against the defendant, the heirs of the estate of the late David Eccles, Ec-cles, because a boy, under the claim of being a plural child, should seek to gain possession of a large estate The questions were answered in the negative. oo |