The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1893-10-07
THE HATCH CASES.
Everett Land Company Wins
Two and Loses One.
PROPERTY VALUED AT MILLIONS.
Its Ownership 10 the Most vzIazBIe
Tract sustained-Sews OF the
Courts-Ths Bfotfer.

Judge Hauford, sitting IN the United
States circuit court. yesterday rendered his
decision IN the three Hatch cases, inTois-
ing title to two claims Of 10 acres each,
one OF which Is situated in the very center
OF the city Of Everett aud the other within
the corporate limits. These cases attracted
much attention a. the time Of their trial
early n the year, from the value o. the
land involved, the sensational character of
the charges made against the Everett Land
company and the knotty legal problems
raised. FOR the plaintiffs appeared James
Hamilton Lewis. Junius Rochester. 4. d.
Warner and ". Scott BeeIe. Of Portland
The Everett Land Company was repre-
sented by Gen. Francis c. Barlow, of New
York city. and Francis II. Bro.nelI. Of
Everett.
Inc history Of the land involved IL as
ioIiows: In 1873 one Ezra Hatch. an old
soldier OF the Mexican = ar, having bought
Tor the sum Of SO worth Of blankets and
whisky beautiful maiden of the TaiaIlp
tribe OF siwasles, settled on 4 Quarter sec
ton oil land within what is nos the city
limits Of Everett. which he took up IS q
presumption claim. filing on II n Mexican
iand warrant. subsequently, in 1ss6. he
TOOK up homestead IN section -. upon
winch he lived till $50. when he died,
leaving his Indian wife, Josephine,
daughter Hester. of age. and four infant
cnndfen surviving him. By his
VIII 4. c. Ferguson. The present
mayor Of .snohomish. vas apnointed
executor and guardian of his children.
The widow Josephine therennon ur0yed
MP on the homestead and gave = poaer of
attorney to Ferguson in September. 1850,
under which the latter sold this particular
tract To Henry Hewitt, IT.. of Tacoma. in
October. 1890, fer 81 Co Tie latter in
December, 1s9l. sold the land for 81 so0 To
Ills brother-in-iaa, +. u. Norton. Of Ia
coma, who in June, 1901. sold il 10 the
Everett Land Company for SIS. GOO. max |
Ing clean profit Of SIZE s01 il. six months.
ms tract was the first land plated by /
the Land Company in Everett, and is that /
upon which its Office building was situate /
until recently 1t vas sold for 81. Con TO
si.ooo LOT. and IS valued at over 81. 500 go /
IN lsi'- the widow Josephine BEGAN an I
action 10 recover the land. alleging that /
when she signed the power of attorney
she thought it merely a paper TO ..make
good friends" and charging a conspiracy
between Hewitt and Ferguson. II was
shown, however. that she had accented
and used the proceeds of the sale with full |
knowledge OF the facts. and on this ground
Judge Hanford yesterday decided in favor |
OF the Land Company and ordered tia |
case dismissed.
The pre-emption claim. estimated To be
worth about 81 900 TO 81 800 per acre. Il the
subject matter of the other two Hatch
cases. Hester. the daughter of age. sold
her interest in the land TO Hewitt In DC
tober, 1880. In the following sprine Hsx.
Itt brought an action against the four in
Iant children to have the land parti-
toned. claiming to own the interest both
of Hester and the community interest of
The widow, Josephine. A sale was or
Tered and Hewitt bought the whole for
800 per acre and conveyed ii To the Ever
stt Land Company. Subsequently Hester
brought an action to eancei her deed tn
Hewitt, alleging that she thought ID only
\ paper declaring her TO be of age. Tn. in.
Iant children also began suit TO recover
heir land
Judge Hanford decided the Hester Hatch
'ase Ia favor of the Everett Land Com
,any.
The infant, or Dexter Hatch case was
iecided In favor of the infants, ii apnear-
ng that the widow. Josephine, never had
my interest in the land. rs IL was not
community property, and that Ferguson
vas not qualified TO act as guardian.
All three cases will probably be apnealed