The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1850-03-06
The do. ision In the Great Gaines Case at
New Orleans.

lFrOm the new Orieanb Dtlte feD 20 j
The United States Circuit Court met yesterday.
Judges Mckinley and MoCsleb present. Immsdis.eiy
on the opening Of the court Judge Mckinley stated
that he and hts brother Judge had dinsred on the
question ss 20 the force Of DECISION ia the Pser
con case he thinking that that judgment binding,
that Judgment he yudgs McKinlsy) had deter mined
retire the bench and slow the District Judge
TO decide this case he was indaced to do this be,
have TO ait iu this case when IL came up before that
tribsrsi; that he never knew . case in which the
would consider II drespecful to his brother judges to
uoderfshe to review and reverse their Judgment.
There vas also smother reason Why be shoaid Leave
vas better acquainted with the local or state lass
Of Louisiana tnsn he vas, and the case vouid 60 up
10 the Supreme Court with an opinion written BY .
Judge fsmiisr with the peculiar jurisprudence Of
this State lie thought this the moet satsfacory course
y would Lead 70 the early decision q .s,. s..s
alleged, the Patterson Vas made up case " vas
very curious made mp esse a. the mstsris evidenc:
dssl Of Irrelevant and inadnissbs testimony In the
csse which he should exclude leaving IT, In no essen-
G ssoy Ssa 'o% ora.rss The s.s to enter ~
minute that the Circuit Judge retired IRON the decision
Judge Mecsleb the. commenced reading very long
aud elaborate opinion against Mrs Gainse, on peary
ell the points raised BY her. He did not con'der the
court IL rss tainted With solussos. ne resrrsd to
the facts In proof Of hts position to the qu:enon
Of legitimacy he had desired that u should Be submit
60 pass upon Judge MeCalsb then reviewed the tes-
tnopy dwelling upon the Discrepancies In the state
n-ns particularly upon those OF Madame pespau, tbs
principal witness of complainant He sttsched great
importapcs 60 the time Of ths Marriage 10 should be
sstsblhhsd with more certainty. The. sccississties
The dscisrstiop Of Nsdsm Deorsngs formed strong
grounds for the presumpon thss Zuime Was not mat
ried TO CLARK II good record evidence. He con-
sdered that the facts In relation to Csrks cond
TO Detrangs. showed that he little dsserved the en-
ccmiums pronounced upon him by The euusseL -
hoos man q attached weight
TO the slmopy suit. Bills In Chansery we're not
evicepcs, because Chapcery courts we're not courts
% record; but, according TO the jurspruoenes o.
Louifiana the records Of courts we're valid PROOF
lie commented the testimony OF Madame Csuis-
vet, az unsorthy of credit lie then proc.sdsd TO
d~elt upcn bis attentions " Miss Cation sns others
Nsdsme De9rspges marriage 70 DR.. Ghdette sod
other circumstances all tending TO exclude the idsa
that he vas married. III Clark vas msrried,tt vas
clandsstpe marriage and under the civil Law carried
vith ~ no civil rights tlesd great many spsussa
suthoritss The isw does not attach 80 much impor'
tsncs TO keeping the soemnza'ion OF the msrrisge
t.cret a. TO the conduct Of the parties sttervsrds No
marriage could be contracted, until tn. previous one
vss dhsol,ed. [Rssd numerous Spanish author,tirs
or thss point The will of ISL must be set aside
before she heir Hshe cues for her dts
pcsbe portien her action barred BY the prescip O.
ttcn 81 ave asd ten vars The dsfendsnts vere "a
ecod faith H. therefore conssdersd thst there nsrer
tsd been marriage % Clark TO Zam- that ~ there
" valid becsuss 10 was elsndesine mar
rsse. bees there had BEEN pr..ous m.rrisss ard
I.,tly that the defendants In this cste ~ef- IN 0d
faith There therefore equity is complains az
bill and shs must be dNmitted
A violent thunder storm passed Pittsburgh. Pa
ON the ssth uit. Several budings we're hlDsn DO