Edgefield advertiser. [volume] (Edgefield, S.C.) 1836-current, 1841-05-27
NO.l7..

r. learned gentleman took up his hat, bid,
good.day to bis fair clientan the jury, and,
left the Court. S,
Here General Gaines and Mrs. Gainess
suddenly started from their seats. Z
Gen. G.-"May itplease the court, the;
lady will take charge of the case herself;
she is prepared TO do it," .;s
I Mrs. G.-(taking the book 10 her hand
which Mr. Peyton had been prevented from
reading)-"Yes, will proceed with the.
case." - =.
The Judge.-"Do you Intend TO offer
the testimony in that book as evidence Z"
Mrs. G.-"Yes; part Of it," u;
The Judge.-"Well, then, / cannot per-
NIT you 10 proceed" s,., -.
Mrs. G.-"Then I thank my God I.
can go before the judges of the u. s.. Su-j
preme Court, where will be heard, and
where justice will be done me; which I
cannot expect here, where II see such par.
tiality.'
The Judge.-"General Gaines, this is,
language which shall not suffer. Deco
rum must be preserved in this court; there
are no privileged classes here" -
Gen. Cit is not my intention TO be-
indecorus 10 the court. know my rights
and will maintain them in despite of nv
enemies, and despite of New Orleans and
its sixteen banks"
The Judge.-"Order must be preserved
in this Court
Gen. G.-"Has not your honor acted as
counsel for the opposite parties 10 this case
before you were raised to seat on that
bench?"
Mrs. G.-"Yes, he was; and he is now
sitting in judgment against u.s.
The Judge.-"Mrs. Gaines, again re-
peat rha, I will moi set hear aud suffer such
ianguagetas as this to be made use Of, even
| by a woman." -
During this singular discussion, oneSof
the officers of the court was sent for Messrs.
Grimes & Chinn, the associateof Mr. Pey-
ton for the defence, to take charge of the
case but neither Of them was forthcoming,
and Mr.. Smilhagain addressed the court,
urging The right ofthe defendant's to a'lib-
era construction of the law Of evidence.
| General Gaines again rose and alluded
10 the controversy which closed previous
to Mr.. Smiths addressing the court.
The Judge.-"I have said nothing. Gen.
Gaines, against The lady. / am: sure l 8c-
ted with great forbearance, Il did .notpre-
ventthe argument of any question Of Flaw; !
\ but i. interposed TO. prevent a scene !of
WrangIing. which sif psrmittad 10 ON
tempt, and 10 weaken tnae
it is hound TO exercise for the preservation
Of ORDER" sf'sf =
Gen. Gaiues.-"I have something TO
say for which hold myself responsible To-
this Court and 10 the world. The counsel
for the plaintiffs. { Mr.. Roselins) said yes.
terday that my remarks relative to one of
the parties TO this suit were impertinent..
This never suffered any person TO tell me-
before, but coming from that gentleman, /
let the language pass from my ear likethe
idle wind. Since my wife has been allud-s
ed 10, insist upon her right TO be heard"
The Judge.-"I do not deny her right
to address rhe Court, but is the evidence
closed 7"
Mr.. Barton, for the plaintiffs, argued that
from The nature Of he'pleadinSs put iu.by
the defendants the evidence was iecessa-
rily closed.
The Judge then gave his decision on the
points of law al issue between the parties.
He 6rst ruled lha, the evidence offered was
inadmissable, except in as far as the repre-
senta,ives ofEllen O'Brieu was concerned,
in whose suit i, was originally taken; that
the authority of the plaintiffs to sue as the
heirs of Daniel Clarke should have been
denied by special plea, andsthat a sub
sequeut will to that under which the plain
lifts sue must be specially pleaded and
proof Of lis being produced given before it
can be entertained by the Court or offered
as evidence.
Mr.. Barton, for the plaintiffs, addressed
some remarks TO the Court, 10 show THAT
from the position in which the case stood
the defendants could offer no evidence, nor
had they any which could be received by
the Court.
Gen. Gaines then said, as the evidence
was closed on him, and as he was deserted
by his counsel, he would take the case in
his own hands. IL he appeared 10 the uni
form of a United States officer il was more
a mark of respect to the Court than as a
badge Of privilege:
| t1eTe tHo ouuSe eAPidlueu WHAT nc
meantby privileged characters"
Tho fact of his wife being in court, he
said. was no subject for sneer. She was
deeply interested in the issue ofthis case,s
and he thought that she, or any we'll edu-
Gated lady, or indeed auy woman Of an in.
lellgcnt mind, was capable Of forming a
correct opinion of its merits as one Of tho
other sex, and that she could as we'll; un.
ders,and it as she could the proper furbe-
lows and founces of her gown.
With the permission Of tho court, Mrs.
Gaines then rose aud read to the court and
jury several pages of manuscript, being an
elaborate histor, Of her own alledged
wrongs and the arti6ces and devices Of
Richard Relf, Beverly Chew aud Others.
to keep her from possessing or enjoying
the property of the late Daniel Clarke. be-
quea,hed 10 her by him. whose legitimate
daughter she was and not bis natural child.
as they have alleged.
1t being now four o'clock, the Judge dis-
u charged the iury until Monday week--the