The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1895-05-07
IS NOW CRESUS DICK.
A. D. Warner Enriched by
Famous Hatch Case.
HE WINS, AND GETS oNE.HALF.
United states Circuit Court OF Appeals
sustafns Judge Hanford as to
Property I'm Everett.

San Francisco May s-Tbe circuit court
today decided an important case. inyoiv-
ing Land at Everett Dexter Hatch ap-
peaied from the decision OF the superior
court OF Seattle. wherein Z. c. Ferguson
had carried suit 10 substantiate the rigSe
OF the widow OF Ezra Hatch 20 dispose OF
certain claims fl A pre-emptto8 right, am
which had eventually been taken 10 the
circuit court OF the United States for the
district OF Washington, on q plea OF error.
where the judgment OF the lower court
was affirmed. Judges Kenna. Hawiey and
Gilbert could find no error in the decision
OF the court appealed from. and returned
an opinion sustaining the court below.
a d. Warner Is now IN position 20
substitute for the uncomplimentary name
which was fastened upon him by a play
upon his initials during the last campaign
the more agreeable prenomen OF ''Cresus
Dick" for he yesterday received ;nforTna-
ton from San Francisco that the United
States circuit court Of appeals had af-
frnned the decision of Judge Hanford es-
tahlishing the claim of the Hatch heirs
20 property IN the heart OF Everett. val
ued al ab0ut $4,000 OF this Mr.. Warner
will receive a contingent fee OF one-half.
The suit has been before the courts for
more than three years, and during that
time has occupied a great deal CT the
pared a brief covering I95 printed pages.
The case was decided by Judge Hanford
about a year ago. and on appeal was
argued before the court OF appeals by
Col James Hamilton Lewis April "a.
The suit involves Us acres on the north
side OF Hewitt avenue. Everett. and the
tract Is part OF large acreage patent
ed 10 Ezra Hatch. a veteran OF the Next
can war, who held a Mexican land war
rant. Hatch married an Indian woman
named Josephine in 1870 and when he
died In July, 1890 10 was found that he
had willed his property TO his children,
five In number. all Of whom were minors.
except Hester, a girl OF IS. The widow
however. was granted s., and r c. Fergg-
son was made executor Of the Will and
guardian OF the minor children. In some
manner Ferguson obtained a power Of
attorney from the woman. and afterward
secured a warranty deed from Hester,
whereby all her right TO the lands was con-
veyed to Henry Hewitt, Jr., for $50. This
remainder of the property was afterwards
sold by the guardian at partition sale.
and was bought by Hewitt for a mere
song.
From this transaction three suits sprang,
on the part OF the mother. the eldest
daughter and the minor children. and on
the hearing Hewitt defeated Mrs. Hatch
and Hester. on the showing that although
there might have been fraud in the orig
inal agreement, the women had acquiescsd
IN the result by accepting money after
ward. With the minor heirs the case was
different, and the contention was sue
cessfully made that. by reason of their
incapacity to contract. the sale of the
property by the guardian could not re
ratified and was void. The case was de-
cidei in favor OF the heirs when bro Nit
before Judge Iianford, on two points.
First. that in the partition sale at which
Hewitt had bought the property. the SUI
perior court for Snohomish county had
not acquired jurisdiction either of the
heirs or of the property, in that the guar
dian had not filed any bond. and that his
acts and admissions were not binding
upon the children: and secondly, that the
pretended service was void I'm that neither
the minors nor their guardian had been
properly served with summons and COM
plant.
The case was thrown into the United
States court by the Matches moving TO
Oregon, they fearing they would be de-
frauded out of everything they owned.
but since Judge Hanfords decision they
have been on the property, as the appel
lants failed 10 furnish a $4,000 super
sedeas bond.
Mr.. Warner says the property is worth
at least $500 an acre. and OF the rs acres
he has already by Judge Hanfori's deci-
sion, received IS acres. lie was called int
the case at Snohomish some years ago
by a relative OF Mrs. Hatch hearing nm
argue a law point before the superior
court Ife has worked hard, and has
fought an uphill fight against the Ever
EFT Land Company, OF which Hewitt was
president. The costs OF prosecuting the
case have run up into thousands OF dol
lars. The decision OF the court OF ap-
peals Is final. as the case cannot 20 TO
the supreme court OF the United States.