The Yakima herald. [volume] (North Yakima, W.T. [Wash.]) 1889-1914, 1900-06-14
MILL GRINDS SLOWLY
Case That Was in California Courts
for Twenty Years.
Two Deaths That Resulted from q
Land Trnnsfer-California
Take Matters Into Their
own Hands.

! GU people thlHk you nave trouble
in your courts said Il California man
to Chicago lawyer, according to the
Chicago Tribune, and you think il
takes long time to settle IL ease. But
we can beat you. ! know of one that
Just comes to me now that has been in
our courts for 20 years, and although
a murder and a lynching are mixed up
in it il is still hanging fire.
Murdoch Nicholson was an illiterate
wagonnakcr in San Francisco. Mat
thew iaipeA was wealthy landowner
and rancher Of Monterey. In 1872 Mich
olson bought what he supposed was a
tract of '03 acres of land for $4,000.
Tarpcy made the deed. After the trans
action Nicholson discovered that Tar
peN had given deed for only 299 acres.
Nicholson demanded that the matter
be made right, but Tarpey refused to
make another deed.
Nicholson sent to San Francisco for
his wife and put her in cabin on the
land as squatter. while he returned
to San Francisco to resume his business
III order to make more money with
which to prosecute Tarpey.
while Nicholson was at work in his
shop Tarpey visited Mrs. Nicholson and
ordered her eff the land. She refused.
There was quarrel. Mrs. Nicholson
was shot and killed by Tarpes. There
was but one witness TO the murder. He
was Nicholson's hired man. His story
was that Tarpey came to the house and
tried to drive Mrs. Nicholson out of the
house. She was firm woman and re-
fused to go. She upbraided Tarpey.
who lost control of his temper. He ran
to his wagon. got his shotgun and fired
both barrels at Mrs. Nicholson, killing
her instantly.
"Tarpey then drove away to Mon
terey and gave himself up to the sher-
1T. The next day Nicholson arrived in
Monterey and melted the people against
Tarpey. They took Tarpey from Jail
and hanged him. Before they did, how
ever. Tarpey asked to make a state
ment, which was granted. \ newspa-
per man took down this statement.
"Tarpey admitted going to the house,
and admitted that he ordered Mrs.
Nicholson to vacate. She declined and
there was quarrel. The hired man
became involved in the quarrel and got
a gun. Tarpey ran to his wagon and
was pursued by the hired man. Tarpey
believed his life was in danger and took
his gun out of the wagon. As he did so
the hired man raised his gun to fire.
and Tarpey shot in self-defense. At
that moment the woman in the case
stepped before the hired man and re-
ceived the discharge from Tarpey's
weapon.
''Tarrey's statement did not change
the situation and he was hanged.
I'm 1850 Nicholson began suit for
reformation of the deed. This was con
tested by Tarpey's heirs The end of
that suit was a judgment for Nicholson
The Tarpey heirs appealed; judgment
was reserved and the case remanded
for new trial On the new trial the re-
suit was the same. There was another
appeal and third trial was ordered.
That is now pending.
What the result of that will be is
foregone conclusion, but what will fol-
low that no one can foretell. People in
California have a strange way of taking
matters in their own hands when they
get tired of lawsuits, and as all the par
ties in this suit are Californians the end
of the trouble may he more famous
than the Molineux case in New York"
>-