The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1894-09-30
~ Of the Decision in the Fa-
nous Matthias Case.
|xsY CONFLICTING EVIDENCE.
.s.e Hsnford Finds the Prspeader-
ssee I'm the Daughters Favor
The cid Law Rules.

ru~rv n D legal neire@3 under the laws OF
= s<rritory ~ they existed nj tie time OF
9eehIss' death. The Judge holds that a.
ss.hiss and the woman lived together rs
$50 and nife both before and after the
s.rh al the girl, the latter IS the only lin
81 ds,cendaut Of Matthias was entitled to
!. <stase. The decision in full il as fol-
kss:
.sfhis case involves contest on the part
fKebeeea Lena Graham, in which she as
go sgasnst the persons named as de-
xr6nnts. her right as an heir at law of
9ssnksin Matthias, deceased, TO receive
go tfse administrator OF his estate the
~s3dus remaining after the payment of
800 and expenses If administration and
a Indebtedness. She claims TO be .
iushter and only child OF Franklin
1.fxhis. The other parties TO the suit
80 claim 10 be the lawful heirs. are col
lersersi heirs; and no ons other than Mrs.
erxhsm claims to be- o ilneal dcscendent
sfbe questions in the case are whether
M Graham is in fact the daughter of
Yyanklin Matthias, whether she il his ie-
efiusss daughter. and under the laws Of
81 state entitled to inherit his property.
large number OF Witnesses have been
eIed 10 testify in support of Mrs. Ora
kaest claim, and to dispute In. | find in
~ testimony . great deal that il mere
nrnise, . great deal of gossip. great
IL Of rumor and great deal
III I regard as fiction. Some OF
IL Witnesses are not very well In
hrned. others are reckless. / repudiate
etirely all the testimony in regard To
marriage ceremony between Frank Mat
tsas and Mrs. Graham's mother ever
ltylag taken place. l repudiate as utterly
.z|ss the testimony in regard 70 Mrs. Ora
IN having been In her infancy christened
il The name of Rebecca Matthias In the
nxssncs OF prominent citizens OF Seattle.
Inpudiate as utterly false the testimony
rseH in the.case in regard 10 the conduct
acapt Gansevoort. of the American man.
&Nar Decatur. at the time Of the battle
rish The hostile Indians ut Seattle in the
ysus les6 Capt. Gansevoort was q credit
Ii the American navy. not only for his
umpetency and ability as . commanding
sAur, but for his courtesy and gentle
nan.y conduct on that occasion. He was
borough gentleman, and at the time
vben In this record his name Is connected
skh vie conduct, he was doing every
aing that generosity aud courtesy would
pumpt gentleman. TO do In protecting
led rendering aid, assistance and comfort
u he wives aud children of the earliest
Nsslsfs OF Seattle This testimony 10
hruaght In unnecessarily and l am not
wiling that 1t should go out as history.
Without receiving At least my condemns
bon.
s.Sow. coming 20 the facts detailed In
H. evidence: Mrs. Graham herself has
pssitied 10 the effect that. from what her
nofher told her and other reports. she re-
prds herself as the daughter of Frank
Matthias. She has no recollection Of ever
living been in his house. or in his COM
rsy or Of speakin. to him. In her child
had she avoided him, because her mother
Hafht her to fear him. and In her mature
}eafs she was too proud to make any adj
rmess toward him. He often seemed to
hia!iowing her. and for time after her
~ marriage daily passed her dwelling
kssse. and II her little children were
paying outside ho would stop and OBJ
Mfye them in an interested manner:
la he never In q manly way sought her
kgaslntance. Her testimony cannot be
nFsrded as tending to prove that her
asthsr was married TO Matthias, or that
i nxeser lived with him as bis wife In the
4 pam Of dwelling In his house and per-
atmlng the duties Of housekeepcr. or that
xEiAias ever by any public act acknowi-
sysd her as his wife. six witnesses--
lsuael r. Coombs. ID. u. Ward. Rev.
lsaael Bagiey. i. II. Hinckley. NJ. ID.
zsddocks and r. A. Thorndike-gave tes-
rnony tending TO prove that Matthias.
Ma time before and after the birth of the
nmpiainAnt. maintained relations of IN
snzey with her mother. who was an In
ata woman named Peggy, and that the
aaple were reputed 10 be cohabiting
N<rsheT, bat they all fail 20 testify posi-
assly and explicitly 10 the fact that Peggy
q actually live with Matthias openly, or
~ performed the duties Of housekeeper
y BIN.
three Indians called rs witnesses for
y complainant, vic: William Rogers,
fsssi William and Jake Foster. have testi.
- that Peggy and Matthias were actu-
II f married, and that said marriage Was
haosed by actual eokabitaiion. Foster
tanned 20 have been present when Mat
hss obtained the consent Of the relatives
aiAs bride. and when they conducted her
@hn house 10 be married.: aud that on
Rs hexf day he attended feast whereby
y marriage vas celebrated; and that at
Msaris he visited the married couple a.
&ssr ho1se and that they lived together
~ that while so living the complainant
- born. Rogers and Chief William tss-
sasd 10 the same facts. aud also claim 10
ar been present when the marriage
4rttaeny WAS performed, which they de-
sase IN detail and with ertravagant elo-
|snse. According 60 their recital the
saess and relatives went In q procession
Nsas shack IN which Matthias was liv-
4 ~ three chiefs, this same William being
- Il them, then required each Of the con-
ssesng parties 10 repeat twelve times the
~ 10 assume marriage relation with each
ssssf. According 10 William the bride
ssssd IN these words: Yes, Frank Mat
as u goiae 10 be Iny husband. and
80 stAy slth him until death parts as.
ire stories are transparent and maai-
tasay false.
Ten other witnesses, via: Frank Do
Ben solomon, w. r. Hatfnsr, Rich
sN.sns. A :. Pinkhsm William Desass,
u. Webster. T. O. Williams. I'll. A.
sAsats and Mrs.. Blakely all testify pos
~sey that Tor three or four years. daring
ss<a tame the complainant was born,
aAsatas and Peggy did live together IS
szseana and wife. On ghe ekhsr hand.
sssa witnesses Tor the defendants, vs8:
sAaass Butter, A. A. nsnay, Dexter
u S&loa, /. ~. Stalthers. w III. surfer,
ssafy Nxa Assets and Mrs. Nye&oa, all
shem we're well aequslassd with
@assasAs, never saw ReEky At his house.
As2ra thAt she lived there. Ag.
sssaaas being prominent msa IN
4 49, iesn. as seattle as then. theiF tes-
i s@Nays although negative - e2AsA 81
,Nss % positive testimony contrsdictAaK
ased tere4her.
II, From confederation q all the evidence
40 vel convinced that Matthias and
xsy @ese never married. am also
4 sasAaes4 that Frank Matthias was th~
s's~ss q AIS eota plRInant To snnsAs heE
Z ssAeEss bis ssgSss. being ass daughter,
sci absolutely necessary tAss tsaeF~
-esA1 BE pToat Of marriage hstsssn Beg
sata IL taeY hve1 togssasF as snsH
Vie darise the period Of tssne ~tthia
4 - sac sss born. their 80 lssfag 20
ss.ssF seasd, for tAe 20 rrose Of dessrsniss-
i 10 ssgAts % tAesr child, De eqatsa.ena
j @sss.4gs. under statute 81 Assatas-
i - ssfssofY, enacted 81 SIS AFat ssssseFA-
- . TIE third section IS an aes en-.
a . Aek in relation - nssfrt&sT,
4 " NssAingsnE tssFatoFy. l>sA. = "a
II ~seA fsEcFiziss tAas ssAn eAtlstrsa born -