Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1899-10-16
A FORTUNE involved
Decision Of Supreme Court in Fam.
GUS Watson Case and What
It Means.
Alleged Illegimate Heir Loses a
Fortune and His Attorneys
Big Fees.
Some Facts About the Case and
the Trial in the Lower
Court

| Watson VS.. Watson, from the Jackson
county court, decided by the supreme
court, as announced in these dispatches
Saturday, involved a fortune of nearly
100000. Judge Waterman now mem-
Der of the supreme court, tried the case
| in jackson county when he was a dis
1 trict judge and consequently takes no
part in the present decision.
1 OF the other judges, three agree with
| the majority opinion, which disinherits
the illegitimate son of Mott Watson;
the other two dissent and IN minority
4 opinion declare that the evidence fully
establishes in their minds the relation
j ship of the illegtnate child of Mott
Watson. Had the decision been in his
| favor the young man, now about 30
/ years old, would have become the pos
| SCISSOR of a fortune estimated at about
4 S275.0o0. AS it is he is left a poor and
i discredited unfortunate, deserted by his
! wife. a discharged soldier OF the United
States army, with almost absolutely
nothing in the world.
The action is the famous one for the
estate of Mott Watson, of jackson
county. Watson died in 1885 and left
a splendid fortune. He had never been
married. and as he left no will his
property was claimed by SIS
tier and several nephews and neices.
Not one shilling's provision was made
for the man whom. according to the
testimony of scores of witnesses, Wat
son had for years openly recognized as
his son. \ large volume of testimony
/ declared not only that Watson had
70
son, but went further and declared that
he made contract for the support and
maintenance of the son. There We're
1.-TWO copies of this document. one was
left with Watson, and was supposed TO
4 have been with his papers at the time
he died One OF the sensational chap
tiers in the proposed dime novel would
present picture of two of the heirs,
Eugene and Leslie Watson. on the Very
might of the death of the rich man,
going through his safe, overhauling the
/ papers and doing things from which
the minority of the court concludes
that the loss of this contract of support
is not difficult to explain. In short, the
minority intimates very plainly the
opinion that the paper was taken from
the contents of the safe almost before
the dead mans clay was cold.
The loss of this document is admit
ted by the majority of the court to have
|, been very Important. The illegitimate
son stated in his evidence that after
$ the death of Mrs. Niles, his foster
j; mother. he searched for this contract
among her papers, but was unable TO
find it, The majority of the court,
however, states that the paper was
Mrs, Niles property, and in any case
was no business of the llegitimate
sons.
The decision of the supreme court is
based on the law of Iowa. To an under
: standing of the case it is necessary TO
|axplain that under the common law an
|illegitimate child could not inherit from
: either parent, as he was regarded as
|6lius nullius-the son of nobody. But
1.-THE civil law had been more KIND 10
. lunfortunates, who certainly through no
j, fault of their own. have been brought
!, into the world without legal recos-
5 milton of their heirship. The Iowa
statute says that the illegitimate child
: may inherit from the father when the
paternity is proved during mis- lie. OF
5 he has been recognized by him as his
|child. but such recognition must nave
/, lbeen general and notorious or in Writ
(. ling. Under such circumstances, II the
: Irecogni,ion has been mutual, the father
: may inherit from his illegitimate chill
4 dren.''
], This being the law, the question for
Watson's alleged son was to prove thai
: rela tionship His mother was Mary
$ Jones, a young woman who, in 1858 anc
, ls69. lived in Maquoketa and worked II
the Decker House; at least a majority
I of the witnesses say she lived ane
f worked in that hotel. She gave birth &c
/ A child. Evidence was presented te
s show that when Watson learned she
4 Twas about to become mother ne was
deeply concerned and sought to find q
+ lproper place 10 which she might pt
y sent. He was DESTROYS of concealing his
b lconnection with the affair so Tar as
e lpossible and finally with the limited
t facilities of a small town. was unable
n to do better than have her sent 10 tbs
5 county poor farm. Here the boy was
born. When the boy was 10 or IL years
old he was adopted by Mrs. Niles, wife
of the owner OF the Decker House, VINO
not long after moved with her HUSBAND
, to Kansas. taking the boy along III
: 1888 she died and the next year the poA
: enlisted in the United States army. re
naming there tlil 1859 ! ne HfSl liiis
: he was informed of his relationship Z
: the wealthy Jackson county man wa
:. when he learned that his natura
:, father was dead. He then left the arm,
, and arranged to take part in th'
. proceedings for division Of the prop
: |erty. At the time of Alott Watsonh
!, death one Cravens wrote him. tellin:
:, him the facts. and the young man. wh'
: was known BY the name of George d
Niles, proceeded to look into the mat
ter and finally engaged attorneys t,
prosecute his action.
!. 1t was a notable array of legal talen
= that arraigned itself around the gree,
:, covered table before Judge Waterman
lin the old Jackson county court room
when the case was called. On the sid
lof the man who claimed, as the illegiti
mate son, to be entitled to every dolla
n of the property, We're Hubbard, Dawle.
+ g. Wheeler, of Cedar Rapids; Rothrocl
:. & Grimm, of the same city; Murray
a Farr. Hayes & Schuyler, Levi Keck, d
n A. Wyncoop, G.. l.. Johnson and A. L
IS Bartholomew On the other side tn
e counsel was headed by Senator Lyman
It A. Ellis, of Clinton county, who, it
understood, will receive $4,000 for win
It lining the case; Joe r. Lane, new mem
h. N vIvt, n