Daily Richmond Whig. [volume] (Richmond, Va.) 1840-1842, 1841-05-29
From the NJ o. Piesynne.
THE GAINES CASE.
CONTINUATION OF THE TRIAL.

CONTINUATION OF THE TRIAL.
To use one OF the popular phrases of the day
the case oil Caroline Barnes FL al, peFSus Myrs
| e. Gaines al al, which was adjourned over to YES
| terday, Opened rich' The court was crowded al
an early hour with lawyers, litgants and oa!ers
| recorders and ro~dies, dandies aud men who had
little to do, broken spectators and bankrup,s-ir
fact, the FIRST Juicia! District Court seemed to be
the great ralying point for all who desired to see
law iadled out on new and improved principles
The General and his lady made their appearance
in court considerable time before the Jury panncl
was complete. The General wore his United
/ States UNIFORM. Mrs G.. was iashionably attired.
but as we are not conversant with all the terms in
the nodis't's lexicon, shall not enter into nil
mute description oft.
| When the Court had been called 10 order the
\ General informed the Court that Mrs q. was pre-
| pared to continue her GIgumen; in the case. The
Court ruled that she could not, she had closed IL
| long before the court djourncd on the day when
the case was laStbeiore the court and To resume IL
would be contrary TO established law Switch pre-
scribeS that the plaintiffs shall open the argume Mt
the defendants shall reply, and the plaintiffs shall
close. The Gen. then said that he would proceed
with the argument. This the court overruled stat
ing at the same time that he prepared to hear
any OF the counsel engaged in the case, but these
gentlemen did not come forwSrd.
The General then rccused the judge on tho
ground OF nc0mpe' cncy to try the case alleging that
IN 1887 IN his capacity as counsel for enc Georgc
w. Binsley, in the of Whitney and others vs.
Relf, Cohes and Others before the u. s. District
Court he 1.-THE Judge) drew up and filed plea or
demurrer, IN which were certain positive sllegatons
teaching the legitimacy Of Myra Clark Gaines, and
other matters now ut issue IN this trial.
On this point, Messrs. CHM, Preston and other,
were called on and gave testimony; and at the in
stance OF Mr. Barton, the Judge himself was sworn,
and his replies TO certain questions put him. TAX
| en- down rs a part of the testimony.
The evidence on the Judges competency having
closed, the Court asked the General if he had any
argument to offer on that question. lie said Yes,
that Mrs q. would address the Court and thouoh
she might not observe all the legal techacalries
which n member of the profession would he pedsed
himself she would state nothing irrelevant to the
suit now before the jury The lawyers all knew.
he said, that she was acquainted with the whole
conducllnsit.
Though the lady's presence here, continued tho
General, may cause a sneer or a smile am deter.
mined that she shall he here, and believe il is her
proper place TO be. could wish that ladies' were
Oitener seen IN such places, because my impression
Is, that women should attend TO all more approximate
dutes-dutts better suited TO their natuTes-and
then men could attend to other civil affairs There
Is great revolution gong on, sir; 1t Is icing effect
ed by steam power, and when accomplished, il will
place man IN his proper sphere, and afford the la
dies greater scope for the exercise oftheir minds and
for their usefulness. Mrs q. has set the examine
OF appearing IN public and defending herself against
her enemes and hope, sir her course will he fol.
L NJ
mencement OF series of public efforts which she will
make IN defence Of her own rights and in which |
trust she Will be properly appreciated. Should She
through an ignorance OF mere technical forms be
guilty Of any JaEs pas pray the Court will over
look 1t; but this say that for every statement she
makes, and for every word she utters hold myself
responsible 10 your lonor-to every man m the ia
uon-aye, TO every man IN the world, at any Mace
and IN any and every way recognized 10y men of
honor.
IA iol
OF manuscript the preface TO her general argument
Having concluded 1t, and being about TO read the
argument itself, she stopped by the Judge. who
reminded her that the question before the Court
was his competency, which the law, lac regretted
IN de II incumbent on HIM TO jeeide.
Gen. q is not my lady to be permitted TO 90
on with her Defence after her counsel has been dri
ven from the Court
Judge Northumberland. beg TO correct YOU
Her counsel was not driven from the court: he yo-
unfairly retired from the defence Of the case
Gen. CdInes.-GOur Honor may call il by what
term you may, but whenever he attempted to REID
the testimony from this book he was prevented, and
threatened by the court with the punishment due
for contempt he were 10 proceed.
Judge.-Gencra will not permit this. No AMI
madvers'ons shall be made on what took place here
The other day. now give you warning of my in
teRtiOn.
Gen G.-I wish to make my statement Of VIVA,
occurred here the other day.
Judse.-You have no right 10 do 80. air For
what Is II dOhel Ii is for Drawing me and showing
disregard for the exercise Of my authority. have
shown considerable torbearance IN this case but #
the regular cour'e be departed from shall be very
rigid, assure you.
The General was proceeding to make some re-
marks, but the Judge said, as there were no argu.
men's 10 he offered the question Of recusaton.
and as II was one Of much decacy, and on which
ne did not wish 10 decide hastily, he would adjourn
the court t'l ten o'clock tomorrow Ito-dayI when
he would he prepared to decide the question Of his
competency TO ST or this trial.
The court was then adjourned.