The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1893-03-20
ASIXTY-DOLLAR WIFE
The Ppice John T. Wilbur Paid
for q Swin0mish Maiden.
a ROMANCE OF THE sKAoIT.
The Lamented Johns CaucasiaA sad
Iadian spouses Listen - an Inter-
sstiug Story IN Court

MouSr VERNON, March 19.-tSpecial.l-
A case which promises to become one OF
the most famous in the state and which
will no doubt be carried TO the supreme
court Of the United States for final settle
ment. 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 1854. The
farm, now valued at $1,000, has been In
the possession of Mrs. Sarah }. Nilour
since the death Of her husband In the year
mentioned. 1t appears that in the early
COS Wilbur had squaw wife. and his two
if-breed sons are now claimants for the
farm as Wilbur's legal heirs, their inten-
tion being to show that their father never
was divorced from their mother, and con-
sequentiy the marriage of the present
Mrs. Wilbur was bigamous one and she
II not entitled to the property.
The case was brought up by the attor-
neys for the Indian heirs filing petition
asking for letters of administration to O.
Il. Bingham. The attorneys for Mrs. Will
bur Immediately filed an objection to the
court granting these letters to Bingham,
ct the same time stating that the debts OF
the estate had been paid and that nothing
remained to be done in the matter except
decree OF distribution of the estate.
The whole question hinges on the legal
ity of the marriage of Wilbur to his squaw,
and in this connection some interesting
testimony was given by old-timers and In
dians as to the early modes OF Indian mar
riages. 1t was shown by testimony that
in the Cos. Wilbur, accompanied by
white man named "Chips" Brown,
Browns Indian wife, and several other
Indians. went to the Swinomish reserva-
ton on q matrimonial mission, Wilbur be-
ing DESTROYS Of obtaining a squaw. Will
bur sought the hand of young kiootch-
man known as Kitty" and he opened
negotiations for the girl with her merce-
nary father who demanded SEQ as the price
of his daughter After three trips nego-
tiations were completed and the swain
turned over the $50 to the father of the
girl and the amount was Immediately dis
tributed among the Indian girls relatives.
Wilbur then gave his Kitty $50 with which
to purchase her bridal trosseau of beads and
bEcksklns. Later he took his blushing
bride in his canoe and returned to his
ranch at Skagit City.
Three children were born to the mis-
mated couple. one girl and two boys.
Speaking of the girl. Orrin Kincaid, who
testified as to the old Indian customs with
reference TO marriages, gave as evidence:
The first child born was girl which grew to
be . or 10 years OF age before il died. 1t was as
beautiful n child a. ever lived on the river. OF
fair omplexion and OF perfect lady-l appear
ance, shs seemed 70 have been born Ia . wrong
country. She was the admiration OF all the Old
settlers. whites and Indians alike. and WAS be-
loved by ali.
The two boys 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 correspon-
dence with . Miss Sarah J. Wilcox, of
Henderson. Jefferson county. N. Y. and
after two years acquaintance by letter
the young woman came West to accept
Wilbur's invitation Of marriage. She ar
rived here in June. 1876, and was married
IN the same month at La Conner by the
late b. q. L. Davis. In the meantime
Wilbur had discarded his squaw, the fair
Kitty, and had sent her back to the Swi-
nomish reservation with the two boys
Then with his white wife he took up his
residence Ut Skagit City. In 1854, during the
Ruby creek mining excitement, he moved
to Wilburton. conducting hotel with the
aid of his wife. He died at Wilburton in
1854 and his wife then returned to the
skagit City farm and has since sue
ceeded in improving the land and clearing
off 5000 Indebtedness.
When Kitty went back to the reservs-
ton she followed the precedent established
by her late white lord and master and she.
too. married, this time an Indian named
John Follensbee, who is fairly intelligent
and speaks English duently. kitty and
FoIlensbee were in court during the hear
ing OF the case. at which Mrs. Sarah J.
Wilbur was present. and the two women,
one white and the other Indian, who had
both been wives of Wilbur at different
times. eyed each other with great dea. 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 vas contracted and entered
into according to the conditions of the
Swinomish Indian tribes and constitutes a
marriage under the common law: that the
syinomish tribe of Indians should
bee treated as foreign peopie in
the same nature rs foreign ma
their customs are valid, the courts of this
stase would have 10 recognize its valliity
hy virtue Of the comfy of nations, and
therefore, notwithstanding the fact that
there is no such thing rs a common law
marriage under our laws. this marriage
would have 20 he held 10 bs valid mar
aIage compact
The contention OF the attorneys for Mrs
Wilbur is that v hile IL is true that mar
rlage IN foreign country. where the COM
mon las marriage is recognized, should Ice
given force by the laws of this state in the
event tAe parties afteTward took I'D
their abode here. Yet in this case the es.
sentlal elements OF the common law mar
rage are wanting; that the common Law
never recognized marriage among an I'M
civilized nation; that the common law
never recognized their customs; that il
might 10 true that the courts of this state
would recogn.Eo a marriage where both
the parties were Indians. still /; would not
recognize the validity Of a marriage where
enc 1T the parties was white nan and a
lag party sn Iadlaa woman and a mem
her of an Indian tribe.
The case VIII be argued before judge
Mcbride in about two weeks.
Promotions at Tateosh Lighthouse.
rogr TowNsKNp. March i9.-TSpecial. -
The lighthouse board hiss made The toll