, 1872-07-18

nation claim made in the names OF Da-
vid S. and Lydia Maynard, and convey
ed in the names of David S. and Cathar-
inc Maynard; the first being the wife
subsequently divorced by act of the Or
egon Legislature without her knowledge
or consent, and the last married by Da-
vid S. before his donation claim was
completed; no patent having issued to
either. He WAS retained by a purchaser
of a portion of the claim to perfect title
His client subsequently went East to
find the heirs Of the first wife IN whose
favor the Land Department had already
decreed; but instead of heirs found Ly-
dia still living. thus developing the
character of the attempt to substitute
the second wife to her rights by the af-
tidavit on file stating that she died in
Dec, 1852. At Lydia's request he pur-
chased her entire claim, taking a deed
in the the names of Larrabee and Messrs
| anu OtNOC. tuC AlSl
of which came to Col. Larrabee when
the deed arrived at Seattle. At that
time also came the iirst information that
Lydia was still living. 1t was then, in
view of all the facts that Col. Larrabee
demanded that the substantial interest
of the divorced wife should be protected
which demand was promptly acceded to
by the gentlemen who had purchased, so
now Mrs. Maynard has the certificate of
title issued to her, to be followed by the
patent i'll the event her claim is recog-
nized by the Land Department and the
Courts, the equitable rights alone Of 9th
ers to be recognized whenever that re-
suit is reached, and Col. Larrabee to re-
ceive the compensation due for profess
sional services.
He also proposed, and has repeatedly
renewed the proposition, to make such
division as would secure every settler
and occupant of any Of the land includ-
ed in the claim to a full title to the same.
Upon the hearing before the Land Off
GERS the East half was awarded to Lydia
and upon this half there is not settler,
a substantial improvement of any kind,
an acre hell but for speculative purpos-
es, aud but two parties i'll this city any
way interested-the heirs OF the Terry
estate and Mr.. Macalear-both Of whom
purchased from Catharine Maynard for
the purpose of selling again, and these
are the only parties represented by Mr..
Mcknight in the appeal taken from the
decision of the Land Officers. The ap-
peal, however, opens much wider field
of controversy. One of the Oldest land
lawyers connected with the Department
at Washington, who examined the case
without any direct interest i'll the result,
gives it as his opinion that tie claims
of David S. and Lydia Maynard must
stand or fall together, and that the
means taken by Linn to invalidate or
transfer her claim, would if successful,
destroy his own and.the whole revert to
the Government. This information we
obtain direct and not through any party
to this suit. The statement that the
| contest at Washington if resulting i'll
Lyiia's favor will "deprive a large
| number of our citizens of their hard
earned property" is false in fact. Ly-
dia accepted the decision of the Land
Offs RS which gave her the unimproved
and least valuable portion of the claim.
and at the same time secured to the pur-
chasers on the settled and valuable por-
ton their claims. The contingency most
to be deprecated is that in the contest
| to defeat the claim of the first wife, the
whole claim will be lost, and the land
thrown open to scramble under the
| Town-Site law. This is the opinion of
the expert 10 which We have heretofore
referred.
Blu. it is enough to say that the question
as to whom the wite's half belongs was
precipitated by the affidavit of the first
wife's decease, which was of record for
many years, and was decided by the
Commissioner upon his own motion by
his letter of July 21st, 1871. There was
and is no way of escaping the contest =
a contest which is not only not depre-
Gated by those interested, but accepted
as timely and inevitable.
These ale all the material facts upon
which Col. Larrabee is denounced thro'
columns Of vituperative balderdash, as
conspiring to rob the people of Seattle
of their "hard- earned possessions" in
a case which is yet to be determined by
the law and the facts, and not by news,
paper discussions. The Intelligencel
has thrust itself into this matter as into
every other personal controversy which
has arisen in the community. merely te
levy contributions upon one of the par
ties or to crafty malicious and med
ding disposition, and there is scarcely
an enterprise or leading business mar
in the community which or who has no
at one time or another been the objec
of its malicious assaults, dir, city or GOV
ertly. The record of current events ant