Lewiston teller. [volume] (Lewiston, North Idaho) 1878-1900, 1899-04-22
The White Estate In Court.

The White heirship case was called in
-. district court Thursday. Court at
,h., time was held in Odd Fellows hall.
owing to unharmonious acoustic condi-
;tous the bar and the court became irri-
,.,ed and refused public admission.
The first witness was Red Wolf, a
nenhew of the chief who honored that
name. This royal Nee Perce is typical
siwash He is willy but not reputable.
Ms character in this community is estab-
,;shed by the tact that he went with
Joseph iu 1877, and joined in the bloody
murders Of this band. He went with the
bostiles after he had been the recipient
of MANY favors by the white people after
he had been trusted and rewarded, more
for good name of his father than his own
good deeds. He will be good Indian
wher, he is dead. He went with Joseph
when this act was on his part the worst
kind of treachery--worse than treason.
His taking up arms, if he did not commit
murder was accessory to murder, a crime
that never outlaws, and he has never
been forgiven by some Of our citizens.
Red Wolf, now a fat governmental
buck, was depended upon to establish
common law contract by the plaintiffs in
this case He said he conveyed the mes
sages in accordance with the customs of
his tribe. The next he knew of the
parties they were living together as man
and wife. He tried to relate his knowl-
edge Of the affairs of the couple. How
ever, he placed the date of the marriage
twenty years before the Nez Perces war.
He also told about d. NJ. Whites &C
acknowledgement of the paternity Of bolh
Nat and Charley White, two of the plain
tiffs present.
Red Wolf knew nothing any specific
marriage ceremony. His evidence was
direct on the question of contract and
more positive than could have been ex-
pected after the expiration Of over sc
years from Indian witnesses. The old
Indian has lost none of his faculties. He
is as good a witness now as he was a
warrior twenty years ago.
The Eliza White of the co,npl aint
Eliza Titus as she gave her name
evidently prefering the name of hei
present husband) was the second witness
She said she was married by contract ant
in accordance with tribal customs to the
deceased banker. She was positiv.
after the manner of Indian witnesse,
obout all detail but had no perception o
dates. She fixed the date OF her mar
riage fifteen years before the Indian war
This event. Joseph's war, is the dat
from which all Nez Perces reckon time
Eliza was not as strong witness as he
kinsman, Red Wolf, but she left III
doubt about the contract.
An effort was made to bring out tn
fact that Eliza had been married t
Tom Beal previously and in accordanc
with Indian custom, but Judge Steel di
not deem the questions competent o
cross examination and so ruled.
Other Indians were put on the stand
Their evidence concerned the domesti
affairs of the household at Rock-in-tht
river, as the Indians call Riverside. Thi
name comes from the rugged bluff {
paiisaded basalt opposite that poin
which is striking land mark.
The case was continued at noon till tn
special session in June. The only que
ton involved is the standing Of con
mon law marriage II, this civilized age
Statutes, and tire further question 4
whether Eliza was competent to make
marriage contract. This, in a measur
depends upon the social state Of Eli;
81 the time of the consummation of IL
alleged contract, whether she was ma
RED at that time to Tom Beal or ar
other man by contract Of pIior date.
The case, it may be said, depends npe
these disputed law points. Both parti
TO the suit are armed with court author
ties to support their opposite positions.