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Show AN AGKN 0 WLEDG M ENT 0 FTfBERT " ECCLES, SOLE QUESTION HOWELL OODKN, July 13. In his Instructions Instruc-tions to the Jury In the suit of Albert llcclca for a share In the estalu of the late Dnrld Hcclcs, Judge J. A. Howell today ruled that children of a plural marrluge, such as Is claimed to have been contrucled by Marguret Oeddrs and the late David Kccles, are not legitimate. The court held that the only ground on which Albert Kcclrs could lay claim to Inherit from tho estate of the late millionaire Is that tho late David Kceles acknowledged himself to be tho father or Albert Kc-oles. Kc-oles. Ho Instructed the Jury that It should conajdiir ovWimce submitted by the plaintiff lif fMTactlon aa to a plural marriage only In so fur at. It lended to prove the likelihood of an acknowledgement. The effect of the ruling Is Important und sweeping, since It affects the standing of ull children chil-dren or plural marrluges bom subsequent subse-quent to tho admission or Utah as a state. Huch ohlldren born theretofore have been declared legitimate by a special statute. Two Ciiiim-s of Action. In the suit or Albert Koeles to be declared nn heir or Dald Kevin two grounds ror oause of action Here set forth. One was that David Kceles had acknowledged himself to bo the fathor of Albert Kceles. The other wb thai Albert Kceles was the Issue of a "marriage null In law." Judgo Howell by his ruling holds that a plural marriage such as was claimed In this case that Is. the usual polygamous polyg-amous marriage encountered In t'luh Is no marring at all, and rnco not u "marrlago null In law." This ruling Is of especial Importance slnco It Is tho rirst Judicial construction construc-tion of the statute relative to the particular par-ticular status or children or plural marriages slnco statehood, or Importance, Im-portance, too, Is the definition of the term "acknowledgement" as used In the dtatuto governing the right or Illegitimate Il-legitimate children to Inherit. Judge Howell ghes to the term a wide Interpretation. Inter-pretation. He holds that tho c knowledgoment need not be public and Is binding, even though It were mado secretly and confidentially He holds' thsr acknowledgement ma bo made by verbal declarations, statements state-ments or admissions, or may be made by acts or conduct, which clearly and satisfactorily show a recognition or admission or tho fact. Court I Off I'o' Const. The court gave the Instructions to, the 'Jury at the conclusion of tho tak ing or testimony In the case this afternoon. after-noon. Immediately thereafter he left ror California, and Tillman I), Johnson, John-son, a prominent Ogden attorney, was sworn In to act as Judge pro tempore throughout Ihn remainder of tho case. The urguments of the uttorneys In the case will bo made tomorrow anil Thursday. Kach side will tuko six hours In arguing the case. Judge Thomas Marloneaux will open the argument ar-gument ror the plaintiff tomorrow forenoon. He will bo followed by Krank J. dunlin or counsel ror the de-rense. de-rense. Col. C. A. lloyd, chief counsel ror the derense. will follow Ouitln, and Judge V. II. King wilt close the case ror the plaintiff. The case will bo submitted to the Jury Thursday evening. |