The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1892-03-27
SHE CHARGES FRAUD.
Indian Woman Sues Everett
Land Co. for $1,75O,OOO.
4 VALUABLE ESTATE INVOLVED.
:. o. Ferguson Accused of Betrayfnx
His Trust-Nordstrom Refused n
New Trial-Ths Blotter.

Mrs Josephine Hatch, the widow Of Ezra
Hatch, brought suit in the United States court
against E. C. Ferguson, Henry Hewitt, f.. and
the Everett Land Company. which involves the
title to 800 acres OF land lying within the limits
of the TOWNSHIP OF Everett, and valued by the
claimants at nearly one and three-quarter mill
ions OF dollars.
Mrs. Hatch is ull-blooded Indian, unable to
write or even speak English, and claims that
suit is made necessary through her baying been
6eirauded of the property by reason OF her ig-
norance. The plaintiffs story, as told in her
complaint, is in substance as follows:
That she was the wife OF Ezra Hatch. who iied
on July s, 1890 In January, 1874, he purehased
Of the United States the south half OF the north
east quarter and the north half of the southeast
quarter OF section %, township. %, north of
snohomish county, and a patent was issued to
him. The couple lived on this property for
years aiterward. 1t is part of peninsula
ner bay, and is within eighty rods OF nayigable
water tnat can float the largest vessels 1t now
lies within the townsite of Everett. On Sep
have been cheated out of the property. IL was
worth 500 an acre. Now she claims it is valued
at $4,000 an acre.
By the terms Of the win of Ezra Hatch. his
property was left one.half to his wife and the
rest to be divided evenly among his fiys chiI-
dren, Hester, Dexter, Arthur, Cyrus and Ezra.
T. G. Ferguson was named as executor OF the
will and guardian of the children. All of them
are now under the age Of IA except Hester, who
isD None OF them can read or write although
they understand English fairly well. Mr. Fer
guson was also the agent OF Henry Hewitt IT,,
and the Everett Land Company, of which
Hewitt 10 president On account OF the inabil-
iy Of Mrs. Hatch to talk English. Mr.. Ferguson
talked with her in the Chinook iargon, which
be speaks fuently, and for this and other rea-
sons she placed great confidence in him. He
represented to her that 1t was necessary to
settle the estate and that in order to do
hQr 70 IGN
instrument containing request and
direction that he be allowed as executor to
make such settlement For several months he
used every endeavor to induce her to sell the
property, but she steadily refused. Finally, on
September 20, 1890, she signed the instrument,
whose terms were msrepresented to her, and
which was In TACT power OF attorney authoriz-
Ing Ferguson to sell and convey all of her prop
srty consisting of half Of the land mentioned.
The plaintiff was also the owner of the west
half OF the northwest quarter, the southeast
quarter of the northwest quarter and the north
west quarter of the southwest quarter of section
o. township 2e, north of range 5. east of WILL
as Mrs Hatch's attorney in fact. to make a war
ranty deed of this property to Hewitt
The consideration paid was little
S %Sh oS snd viii pUper Srn was 500
an acre. Hewitt and his wife gave a mortgage
OF 5000 as part payment OF the pretended con-
alteration of $4,000. On June 20, 1891, Ferguson
satisfied the mortgage without the knowledge
or consent OF the plaintiff Ferguson induced
the daughter Hester to sign what he represented
10 be an Acknowledgement that she was of age,
10 that the estate might be properly settled. In
TACT the instrument was warranty deed for her
interes- In the estate. For this transfer there
was pretended consideration OF $500, of which
the girl only In fact received 500. Afterward
there was decided to her forty acres OF wild land
In remote part of the country, alleged to be
worth 81, 500, but which was not worth $500
On October rs, 1891, in order to give the ap-
pearance Of fairness to his dealings with tho
estate, Ferguson caused eight small town lots,
rated at 5000, but really not worth SIS each, to be
transferred to the plaintiff. He had small
house built on one of them and directed the
plaintiff to go there and live. Trusting Fergu-
son implicitly she did and remained there
until she learned how she had been defrauded,
when she left.
On April 7, 1891, Hewitt brought a partition
suit in the superior court of Snohomish county
against the minor children and +. c. Ferguson,
a. guardian. No guardian nd Item was ap-
pointed, and no proper service was made on the
minors. Ferguson filed an answer in which he
admitted each and every allegation set forth in
Hewitt's complaint. The court was deceived in
the matter and, without any evidence being
taken in the case, decree was made that the
chased by Hewitt for $4,000. OF this amount
sfx-tenths was awarded to Hewitt, as the share
bought from Mrs. Hatch and her daughter.
The plaintiff prsys-First, that the deed from
Ferguson, as attorney in fact for Josephine
Hatch, be cancelled; second, that a deed from
Henry Hewitt, jr., and his wife to the Everett
Land Company be set aside; third, that Jose
phine Hatch be declared the owner Of all the
interest in the property out of which she claims
TO have been defrauGed.