Washington standard. [volume] (Olympia, Wash. Territory) 1860-1921, 1906-07-13
THE MYSTERY REVIVED.

Again Appears Amid Musty Records
New Features About His Fathers Estate and
the Claims Of the Tax Commsson-There
Nay Be More Complications Before the Fed.
era Courts Phil Skillman's Book Has
Helped to Excite Interest in This Strange
Case.
Ii would seem that the case of Moses
Scott must every once in a while
come to the surface. Moses was de-
clared dead by the Probate Court of
Thurston county, in 1883. His death
was confirmed by the judgment OF the
superior Court of this county and the
Supreme Court of this State, in the
year 1892. In May, 1894, the Supreme
Court of the United States reversed
these two Judgments, and restored
Moses to life. This last named court
held that probate proceedings on the
estate OF u live man are absolutely
void, both on direct and collateral at.
tack.
Moses disappeared second time
about the year 1894, at which time he
told lady friend he was going off to
make stake; that it will be OF no use
to enquire after him until he should
see fit to disclose his whereabouts to
his friends. Whether he has passed
to the other shore, or is still in the
land OF the living, remains a mystery,
deep and profound. Some of SCOTS
former friends have supposed that this
lady knows where he is, and is keeping
the matter secret as per agreement.
A little over one year ago, the Supe-
rior Court of San Francisco granted
letters OF administration on the estate
OF Moses to his nephew, Samuel Scott.
This proceeding was had under spe-
cial statute of California, providing
that a party who has been absent sew
en- years from his place Of residence,
his relatives and friends not being
aware OF his whereabouts, letters may
be granted on his estate. There was
no such law in Washington 10 justify
any such procedure. How far the
California statute would protect inno-
cent parties, if Moses should again sp-
pear on the scene, and seek to set aside
these last proceedings might raise
serious question. Under the four
tenth amendment TO the U. S. Con-
stitution it is extremely doubtful
whether any legislative enactment can
foreclose a mans rights without CIV
ing him his day in court. However
this may be. some OF Moses most
intimate friends are doubtful about
his appearing on the stage again in
the role OF litigant, as he was con-
sidered OF modest turn of mind and
disliked notoriety.
There are some very unique features
connected with this strange case.
The popularity OF the order finding
Moses dead is commented upon in the
opinion Of the United States Supreme
Court. This order was entered in
March, 1883. in the Territorial pro-
bate court at Olympia, finding Moses
dead to all legal interests and purposes,
also reciting that in March, 1881.
Scott disappeared mysteriously, which
led his relatives and friends to believe
he had been murdered at or about
that time. Then after the lapse OF
seven years, his step mother, Mary
Scott. appeared on the scene and
claimed the presumption of death Us
conclusive against Moses, and request.
ed letters of administration to issue.
Scott's property was sold at admins
traitors sale, some of which came into
possession of one McNeal. When
Scott returned in 1892, he commenced
an action to recover an eighty-acre
tract near South Union, against this
man McNeal. When the case came
on for trial in the Superior Court,
Moses appeared as q witness in his
own behalf, but was not allowed to
contrsdict the probate record, the
Judge remarked before the jury Sc.
lected to try the issues. "Mr. Scott,
the probate court having found you
dead as a matter OF law, I find you
dead in fact" and thereupon instruct.
ed the jury to find for McNeal. One
OF the jurors by the name of Sullivan
afterwards remarked that he regretted
having followed this direction and
said he would rather have submitted
to q fine, because he was sworn to try
the cause according to the evidence,
but was not allowed to do so. At the
time of the trial there were some
comments about Scott not testifying
regarding where he had been during
all OF those long years. He was will
ing to do so. but his counsel, Judge
N. S. Porter, told him it was unneces.
sary and that it had nothing to do
with the merits of the case. Again,
the court having declared him dead in
fact, he could not have consistently
discredited this decision by testifying
right there on the trial, and such a
course might have caused the public
to doubt the soundness of the opinion.
Mr.. Phil Skillmau, prominent
lawyer OF our loca oar. wrote a book
giving graphic account of this re-
markable case. 1t was we'll received,
but it is understood the edition is now
exhausted. Lawyers even in other
States than Washington have passed
many encomiums upon Mr.. Skillmsn
regarding this effort.
Samuel Scott, the father of Moses,
died in the early eighties, leaving large
tracts of land in this county standing
in his name. The greater portion of
this real estate is located in the Vi.
cinity of Black Lake. Gen. II. q.
O'Brien was appointed administrator
OF the estate. The bene6ciaries, or
heira, were the widow, Mary Scott, his
son Moses, and three grandchildren.
This land WAS sold at administrators
sale in 1901, and Mr.. T. J. Kegley be-
came the purchaser. The delinquent
taxes were heavy charge against the
land. The surplus was divided among
the heirs, except the widows share,
1865, which was deposited in the
registry OF the Superior Court of this
county. Judge John &. Black. Cali
fornia lawyer, who represented Mrs.
Scott in 1893, at Olympia, in the above
matter, filed his claim against this
amount apportioned to Mrs. Scott IN
der a special contract entered into be-