The morning call. [volume] (San Francisco [Calif.]) 1878-1895, 1893-03-27
BOUGHT HIS WIFE.
Sixty Dollars Paid for a
SWinonish Maiden.
A Lamented Settlers Caucasian and
Indian Widows Listen to an In
teresting Story in Court.

SEATTLE, March ga Mount Vernon
special to the Post .Intelligencer says: A
case which promises TO become one of the
most famous in the State. and which will nc
doubt be carried TO the Supreme Court of
the United States for final settlement was
on trial In the Superior Court during this
week. The case involves the title to 100
acres of splendid farming land below
Skagit City, belonging to the late John T.
Wilbur who died in 1884. The farm, now
valued at $4,000, has been in the possession
of Mrs. Sarah J. Wilbur since the death Of
her husband in the year mentioned. 1t ap-
pears that in the early eos Wilbur had a
squaw wife, and his two halfbreed sons are
now claimants for the farm as Wibur's
legal heirs, their intention being to show
that their father never was divorced from
their mother. and consequently the mar
rage Of the present Mrs. Wilbur was
bigamous one and she is not entitled 10 the
property.
The case was brought up by the attorneys
for the Indian heirs filing petition asking
for letters of administration to c. z. Bling
ham. The attorneys for Mrs. Wilbur inme-
dialey filed an objection to the court grant
ing these letters to Bingham, at the same
Time stating that The debts OF he estate had
been paid and that nothing remained TO be
done in the mattsr except & decree of dis
tributon Of the estate.
The whole question hinges on the legality
OF the marriage of Wilbur to his sQuaH, and
Ia this connection some interesting tesii-
mony was given by old-timers and Indians
as TO the early modes of Indian marriages.
1t was shown by testimony that in the SOS
Wilbur. accompanied by a white man named
Chips" Brown, Browns Indian wife and
several other Indians, went to the Swinomisb
TpgarVQTinp q N a frjuapDinl mil Wi
bur being DESTROYS of obtaining q sQuaw.
Wilbur sought the hand OF Young klootch-
man known as Kitty" and lie opened ne
gOiiau0ns for the girl with her meTcenarY
father. who demanded 500 as the price of
his daughter. After three trips negotiations
were completed, and the swan turned over
the $50 to the father of the girl and the
amount was Immediately distributed among
the Indian girls relatives. Wilbur then
gave his Kitty $50 with which to purchase
her bridal trousseau of beads and buckskns.
Later he took his blushipg bride to his
canoe and returned to his ranch at Skagit
City.
Three children were born to the mis-
Speaking of the girl, Orrin Kncaid, W ho
testified as 10 the old Indian customs with
reference to marriages, gave as evidence:
The frs child born was girl which
grew to be or 10 years Of age before it
died. II was as beautiful child as ever
OF perfect lady-like appearance she Sc emed
to have been born in wrong country. She
was the admiration of all the old settlers.
whites a1d Indians alike. aud was beloved
by ALL"
The two bows that were afterward born
showed their Indian origin SO marked that
they have since preferred the society of
Indians TO white people.
In 1874 Wilbur entered into correspond
ence with Miss Sarah J. Wilcox of Hen
loft caF,E n a
two years acquaintance by letter the
young woman came West to accept Will
bnr's invitation of marriage. She arrived
here in June, 1876. and was married in the
same month at La Connor by the late 3. u.
Davis. In the meantime Wilbur had dis
carded his squaw, the fair Kitty. and had
sent her back to the Swinomish reservation
with the two boys. Then with his white
wife he took up his residence at Skagit
City. In 1884 during the Ruby Greek min
ing excitement be moved to Wilburton,
conducting hotel with the aid OF his wife.
he died ut Wibnrion in 1884 and his wife
then returned TO the Skagit City farm and
has since succeeded in improving the land
and clearing off $1,000 Indebtedness.
When Kitty went back 10 tie reserya-
ton she follow ed the precedent established
by her late white lord ami master, and she,
too, married this time an Indian named
John FollenSbae, who is fairly intelligent
and speaks English fluently. Kitty and
Follensbee were In court during the hear
Ing Of the case, at which Mrs. Sarah j.
Wilbur was present, ana the two women,
one white and the other Indian, who had
both been wives of Wilbur at different
times, eyed each other with great deal of
curiosity.
AS the question of hership hinges on the
legality OF the marriage OF Kitty to Wilbur
the attorneys for the heirs contend that
the marriage was contracted and entered
into according TO the conditions of the
SwinOmish Indian tribes and constitutes a
marriage under the common law; that
the Swinomish tribe of Indians should
be treated as foreign people in the same
nature RS foreign nation; that if the mar
rlage under their customs are valid the
courts OF this State would have to recognize
its validity by virtue OF the comfy OF
nations, and, therefore. Notwithstanding
the Tact that there is no such thing as a
common law marriage under our laws, this
marriage would have to be held to be a valid
marriage compact.
The contention Of the attorneys for Mrs
Wilbur is that while It is true that a mar
rage IN foreign country, where the COM
mon law marriage IS recrgriZad, should be
given force by tile laws OF this State in the
event the parties afterward took up their
abode here, yet in this case the essential
elements oil The common law marriage are
wanting; that the common law never recog-
nlZed marriage among an unciylized ma
ton; that the common law never recog-
niZed their customs; that il might be true
that the courts Of this State would recog-
niZe marriage where both the parties were
Indians, still It would not recognize the
validity of marriage where one of the
parties was white man and citizen of
the State and the other contracting party an
Indian woman and member of an Indian
tribe.
A large hotel for the accommodation OF