The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1850-02-04

Court that tribunal rendered the following decision
We sba direct the decree Of the below to be
rsvered, and sdjudge that decree shall be made in
the said court in this suit declaring that lawful
between Daniel Clark and Zulme Csrriere, and that
Myrs Clark now Myrs Gaines 10 the lawful and only
hs spss 10 dor OF
eftate after the excsssve donation in the will Of 1911
s reduced to the dspcsable quantum which the father
could legally give to others that the property described
In the answer Of the dsfe Mr. Patterson part
Of the estate Of Daniel Clark ct the time Of his DEATH
authority to make sale IT. that tn. titles given BY
them to the purchaser, and by the purchaser the
buyer from the first purchaser to Mr. Patterson ars
null and void and that the came Is liable part Of the
and that the defendant Charles Patterson shall sur.
render the same, shall be directed among other
decree and mandate this to the Circuit Court
| In Louisiana
BY virtue Of this decision, complainant declares that
recognized and decreed to be the legitimate child
and forced heir Of Daniel Clark, against ell the de-
fsndsnts holding the same relation to compainants
Defendants respond to this new issue that they are
not bound by judgment against Patterson In trial
in which they took part that the whole
In the Of Patterson false and fraudulent In
tended ss an imposition upon the court that 1t was Q
Shs1,s. % 70 Dy ssio ana
many ways and among others, BY the fact that said
case was submitted to the court day, and that
on the following morning decree brought into
court In the writing Of the counsel Of the
plsnsnts. viz r. M. Chinn, Esq in which, part
>
eomplsinsnts and said Patterson, that he the said
Patterson should be left In possession Of the property
sppehfrom taid decree without any ecury .hstsver
that, ID fact the complansnts have alway hitherto
allowed and still do allow the said Patterson TO enjoy the
raid property owner and 80 little respect have raid
comPsipants to said decree that they have again
said Patterson defendant to their amended bill claim.
Ing the same parcel OF ground In said decree referred
all of which and many other acts Of fraud
which this defendant claims the right sdduce
trial this Gaze he declares the decree mention
ed by ssid compa'nants as having been rendered
agsnst bsrles Patterson, wholly null and void
forth A. ground Of defence in the same manner As he
had set the tame cut more fully and particularly, By
way oftpecia plea OF otherwise; and he prsys that
Ills court investigate this upon Its
rits, oisregaropg faid DEGREES rendered against
Charles Patterson fret inter a,as aea TO this
defendant; snd secondly because they oollusive
ard we're fraudulently procured
THE TESTIMONY FOR MRS. GAINES
Thomas ID. Harper, for complainant he Is %
yesrs of age; IL merchant and resident OF New Or
Harper; Knows from family report that Mrs Smith
in New Orleans in 1876; knows Mre. Gardette the
mother Of Mrs Gaines, and her DIR Gardette
n Jas Gsrdette, for com planant-Rnew Madam Louisa
BeI tptro who resided In Opeousas aud that
she had given testimony in this case; ne G.rdettsl
born IN Philadelphia in 1909, and IL the eldest OF
bic others cbildrs his parents married In 1907
or 1908 and bsd three children; they lived In Phad.
ha until 1879, when they moved TO Bordeaux,
srspce) where his father resided till hs death In 1885,
bs mother continued to reside there till 1885, she Is
the mother Of the complainant, Mrs Gaines
OsIen Prevail for complainant Age IS years; oc-
opI aon etniIsnsn; Lss rssic.d 80 years In New Or
leans; ipows the parties in this suit knew Daniel
sx the ais 10 HIS cts he went Jlsrks house
On The Bayou Road. sfnxea the seals, made out the
proctts verbal, locked In certain trunk for hts will
but did not ind IL; as he about TO leave Richard
Rsh bsrded him sealed rsctsge. stating that hf
delivered The package into the Court Of Probstss he
knew Clark but not Intimately; attended his parties;
clark was intimsts with Judge rtot; the Judge In.
foi n.d witness that Clxfk his will certain
trunk, and his contdsntal servant Lubiu, bad been
directed 10 cary ssid trunk TO the house of DE Ia Crox
C,srh had further ritot that In ssd will he had
appointed Iitot, De In Croix and Beecbasse a. his
tie probate OF *. win Of Daniel ciaIs tsIi, he frs
quebty attended Clarks so,tes never on these coca
sion. met with lady rseosnirsd as Mrs Clark Daniel
Clark's reputation that Of an honorable. high
min ded mani he never thought Of iDquiring whether
Clsrs vas married or not
Peter X wssnsr, for complainant -Is 90 years old;
lac tidsd In New Orleans fiDce March April 1si2
lusw the rsres intimate with Clark; visited him
went TO sse Clark TO collect bill; he was hand
kind Of man and said, Wagner, have no change;n
s.Ied him for . dram on chew and Rslf; be replied
that fellow, Chew, is such . damned rsscal don't
fp.sk 70 bim;' We here In New Orleans then had
plenty Of psFsr but little gold and 'ver Knows
hat he~ ~ss in Nev Orleans in lsle at the battle OF
New Orleans; him In the lines
Mrs. Hamlet Smith, for compairtnt- Knev Clark In
1904, Until his death In 1913 my Husband VAS Of the
firm Harper Davis, who operated on Clarks essis
nurs.d Mary Clsrks daughter; she vas brought TO
Isvirs an infant of my own consented to nurse her.
vas irfos med she MT tlark's child; he told me
%. be treated he. a. sI ssf s,. ,s
Myra, layishsa every care and extsvsgancs upon
hsr and tsd that ,hs should inherit his splendid for
tune Clark continued thess attentions Till 1872 when
hyra went TO Tbnadelphia with Colonel Davis; !
always ubderstood Clark desisned TO make Myrs his
sole Isifsss; when he fought q duel with Governor
CIsbsrp. ard when be went to Pbisdslybis in 1911,
TO tetls bis sfsrs 9th Coxs he stated that he had
N sds smtis provisions for Myrs: alter his return
fron Thiisdspbia he stated that the will Of 1871
made With view TO his spprehended ipvolvements
through his connesion With Con. In 1918 : few
fEs l.for hts llark told he Our
longsr 20 defer tsouIing HIS estate to yrs; about
this time be told that DE 70 Croix, Judge fiot and
Colonel B.llscfAe. would be his executors; that he
wss ,pgsged In mailing bis will constituting Myra a.
his ssis b.rsss and acknowledging her o. his Issit
n other and others; in his conversation. he spoke
the coprfs 81 education to be persu.d with Myra
r,'so a.. sa'..n,.S ,o ~ ~, ma sscst four
before bs ssath he brought his will 10 ne and
frid ~ rss an sekpo~lscgment q hyrss l.gi.insey
called IL the ehs1tsr Of her rights, and desired me 20
read a.; read the will; 10 reeogpired Nyrs a. his
daughter and lett her all his sstat. With ,svsrsl lsga
rposs tf the burd.n tsksn sm his mind by his ample
yrovsions for Eyra and his minute directions as TO
br sdUestiop alter Clsrhs death, lsrned that this
vii had been suppressed and dated In isli had
been fntftit uted Ter AZ Ciark man ~ poverful
aud setrovlsdssd tsisris towering srb,tios, great
pIid. snd dignity of ehsrsetsr strong feelings apd az
iteuLs; the interest exhibited b. him 10 his daughter
s.uld not isil TO maize . sstipg impression on me;
VIXEN he bftusbt his will 20 In sllueiop to his
Hsh that IL sss the charter of Myras rights play
fully srsssstsd TO have dated ON the sth u July the
y
m. NJ sntrg Clsrks hisnds and great nation
enyfsstsd vhen u learned that De IL trOix be-
cane frisbcly with Mr. Ref and received from bin
large run Der of CLARK slaves Myra born I'm 1900;
! ! don't know whether tlsfk wss marriedi always
believed be vas married TO Nyrss mother; the sepa-
ration between Clark and Nyrss mother vas csussd
Whilst Clark vas D Washington. delegate In Congress,
end produced by letters written 70 Clark BY other
p.rtens, they quafrellsd and separated and che let
/ New Orlesps; fctmmprtcstsd 70 Myra her true bis
t,iy u orty before her msrsgs With Mr. whitney up
TO that time sLs belevsd shs the daughter Of Col
Dstit. the mother of Myra Niss Csrriere, whoee
fsimsr buftspd, De Grange, always ubdsrrtood bad
b.sn cobdsnrsd for besny In marrying her; Myrs
continusd IN the family of Col. Dsvis from infancy
Untl her srrisse With htrey; Clark had no other
| ebid; Myns neither had daughter By De Orange,
slc.r tfsn Nyfa. called Caroline. thought Myrss
ucth.r fstTetsbe s-sits her intimate With Mrs
rsf ffst xif. cf Richard kelf. nov cashier OF the
state Bsnk; there we're rpmsrs Of private marriage
l.tvsen Clafk ana hyrss nother
r..Iiia n.utin n.ll.nhasas for nlsintin Il