The daily crescent. [volume] ([New Orleans, La.]) 1848-1851, 1850-02-06
THE GAINES CAUSE.

THE GAINES CAUSE.
The great Gaines caase is rapidly drawing 70 j
close, We shall be glad when il passes from tie
active ducket of the Court II has occupied nearly
three weeks, and we presume will Consume IT,
neErow and nezt day. The high social position II
| the chief actors-the immense amount Or property
claimed, and The ability Of the counsel engaged,
have given 20 the cause an unusual deefee al IN
terest The evidence has been printed, and forms
/ an oetaso volume ef nearly nine handred pages.
The evidence contains much Of the social history
of Loaisiana from 17e4 70 1918. a laFee portion
of Ms better fitted q grace he pzees of scan
dalons chronicle than 70 appear - TIE columns or
1 q pafer read BY the amilies of our citizens VIZ
/ shall endeaFoF % compress into brief space the
! important points Of attack and defence in this
we are assisted by the Record and the Briefs Of the
4 eounseI. Onf readers IN Mobile viii be gratiied
70 learn that Mr. Campbell, tie acknowledged
| chief of their Bar. has made an impression mere
most favorable He has done that diliicuit thing.
sustained abroad fhe hgh reputation b has gained
At his own home. Other avoeaiions prevented Is
from hearing any Of The Eentlenlea, port;ons
Of Mr.. Duncan, and lhe whole of hi. Tayiorss
argument far - il has gone. Nj. Dsincan spoke
'tete-tt A@@fN- %tpF- ~ AffN4 fHut on one
subect, can instruct Conrt 81 isexest iii audience
fcf shat lsagth q time. HI argument displayed
earninE familiarity with he iacsu 81 volpi.inatis
record and the proper application of the law b0l
there was TOO much Of it---is was beaten ont to-
fine. The gold On = Chinese ragoda Is NOT worth
collecting i WIS like the EnaisA Ambassador's
| plum pudding ihoggh composed of the proper
materials p nc right proportions. Il seas 5oigsg
asithoaa 4 5ag. Il was asbular sxgamsnl. not
/ yet condensed
Mr. Taylor has spoken tlfes hours, and will, We
judge from the ground already trasersed faisl. by
II clock tn-morrow MI Grymes ssiI close ios
Mrs Gaines, and he will Be- compelled to exert
himself to sle utmost 70 bear down the argument
which Mr.. Taylor has thrown up We shall en-
deavcr % give The Substance Of these two areu-
menta "A he attempt to report the beautiful
argument Of AIg. Taylor. We know we cannos do
justice 70 iss fine style Il was bold, vigorous,
clear simple, impressive, and was listened to with
deep attention.
The Bin sets forth that Daniel CLARK was ibtefs
married with Zalime Carriers in the fall 81 1901
q lie spring sg 1902. aid sbst ii ibis mariia,.s
Msfa Clark now Mrs Gaines, was ths sole ssr
spring. That she mother had been previeusiy mar:
ried 70 one DesgfanEes who however had at III
tiue wife living; and that in consequence the
second marriage was npllty. The marriage be.
tween Daniel CLARK and Znlime Carriere was en-.
tered into at Philadelphia, and was kept concealed
from the most intimate friends Of fhe parties, Mr.
CLARK giving ss a reason his desire 70 have hei
first marriage decreed nulliay by judicial trbu
nal It is alleged that the first husband was con
vcted Of bigamy, and led Tie country prior 10 hel
marriage with Clark. Bat although she obtained 4
Judgment aeainst the aaase Of Desgfanges vel
CLARK postponed the acknowledgement Of the mar
rage, and he never IN fact did acknowledge Il
On the contrary, it was reported that he was about
to marry Miss Cason Of Maryland, in 1907, when
he was the delegate in Congress from Louisiana.
Mrs. Clark went on to Philadelphia, and finding il
4 impossible 70 prove her marriage she abandoned
the thought and married DR.. Gardette, with niionl
she lived as his wife until his death in 1888
This csiId 1EyEa was born in 1906 Clark 3lwavs
provided for her and made disposition Of Ills prop.
efiy IN her fafef. Il i declared ihaf he made a
will in 1873 in which he Acknowledged his mar.
nage and the legitimacy Of his child But Ibis via
was never seen aisef his death. Il then dsnonnee'
she conduct Of shc executors q ihs last viii found
This ii the statement Of the case by the com
plaiuant The defendants, on The eihcr hand, ave
that Clnrk and Zulime were never married, ia poin
Of fact that il the ceremony was ever celebrated
it was nnlliiy, as her first husband was zs alsl
that 50 far from Desgrangss being bIgainial, til
record Of the eeclesiaafIc1 court and the esiaenc,
it contained was conclusive Of his Innocence /
appears that the Vicar General caased Desefanee
to be arrested on tho chaige-- investigation wal
had. The woman who was said 10 be his xiss de
posed that she had never been married to liir--hs
swore TO the same. Mrs CLARK herself swore tha
she did not believe ihe accusation. The Vicar de-
cided there was not evidence enough 10 provo tht
fact, postponed the further examination and ia ills
meantime permitted them to live together as lns
band and wife. They deny that CLARK ever 40
knowiedged The marriage, either by word Or act
His most intimate friends never suspected il. Hi
passed as gay bachelor in society, addressed sege
raj ladies', was reported as engaged 10 Miss Caion
and afer the marriage 81 zuIime with DIR. Gar
deile, he was engaged TO another lady and war Il
have married her The year be died. The complain
ant may have been recognized BY Clark as bis nain
Tal, but never as his leeitimale child. Thar The
present owners Of the property bold padera jude
cial sale made by order Of competent court, in
good faith and without any knowledge Of the exist
ence ol any legitimate child. They plead ihe pgs.
sefpon Of thirty, twensy and ten years agnnsi hel
as heif Of Daniel CLARK and assignee Of her moth
eis share of llle conmnnisy properly. The eseen'
tors deny al fraud. Such s ihe substance of ihe
pleadings.
nzr. Taylor'e Argument.
Mn. TATLoR commenced By examining The de.
cision Of tbs Supreme Court IN the case Of Crimes
vs Patterson. and argued, fssb that il could Roi
aiiect ihss suit, it Judgment on the ques-
ton of heirship between other parties and second,
because i has been shown that It wns not serious
| suit, but rendered by consent.
Judge MchiNLEx interrupted the counsel 10 say
that be considered The principles settled IN ie Pat.
terson case. munf be the rule Of DECISION for hun.
He spoke with much feeling of the personal alteNkA
made on him, but he should do his duty without
gard 70 Consequences.
Judge McCALEB we understood tc sag, would
decide according 70 his own convictions 3. the law
Judge MekehEE replied % this, and repeated
his folmer dedlaiefolis
II Mr. TAYLoR fesunsed. He said ahe ease Nas
10 b decided under systcin Of laArs which existed
ealr IN this State, and was not studied nor under.
slosd ont Of Louisiana and court, puaqcpsfosued
o SYSTEM might lal into errors u respect % it
MR. 3AYIoK proceeded 10 comment on The tvs
alleged marriage of Xulims Cari6fe. Ht skielfes
to he record Of the Eccssiasiical Court and "a ii.
peliiioa q Mrs Dsssfaases n 1903. tor ssm9Qy a.,
the wiie 81 uesgrauses. He coub4tted the posIlf3s
Of Mr.. Campbell, that child acknowledged Jg ~
! persons as theirs, was psesnined TO be leai6mkle
and thence marriage os til parents Ssas "a hs in
II ieF1ed Mr.. 7. first dahisd Inc nfe6dthflfah a..
then dnnied fheYe were ItefS Ia 4rI ||I M. .Ii,1,