The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1853-02-02


repeatedly said that Myra was his legitimate child;
also mon his treatment Of her and declaratiens CON
corning her. from her birth 70 within tive hours Of
his death, when he declared that Myrs was his le-
gitirnate child One OF these witnesses, Mrs. Har-
per, il the lady who sucked Myra with her own
child not as q hireling for that ONCE but as the
friend OF Clark. To this witness he made at differ
ent times frequent declarations Of the childs legti
macy, and OF his marriage with her mother; and to
another Of the witnesses, Boisfontaine Clark said
that he would have avowed the marriage, but for her
subsequent connection with Gardette In proof also,
OF the marriage and Of the childs legitimacy, they
rely upon the facts that Clark made large provisions
OF fortune for her. in trust to Others to whom he de-
cared her to be his legitimate child when the trusts
were made, and that short time before his death
he made will in her favor as his universal legatee,
in which she was declared TO be his lawful child,
about which will he spoke with anxiety and peniten-
tial affection within hour before his DEATH hav
ing by that act repaired the wrong he had done her.
The witness, Madame Despair, says she was at the
marriage Of Zulime and MIR. Clark in 1908 or 1902;
that il took place in Philadelphia and the ceremony
was performed by Catholic priest in the presence
OF other witnesses well herself She states that
she was present when her sister gave birth to Mrs.
Gaines that Clark claimed her and acknowledged her
10 be his chd that she was born in 1906 That the cir
cunlstances OF her marriage with Daniel Clark were
thesc:-Seyeral years after her marriage with Des-
grange she heard he had living wife. Our family
charged him with the crime Of bigamy in marrying
Zulime. lie At first denied, but afterwards admitted
il and fed from the country. These circumstances
became public. and Mr.. Clark made proposals OF mar
riage to my sister, with the knowledge of all of our
family. II was considered essential, first to obtain
record proof that Desgrange had living wife at the
time he married my sister, to obtain which from the
Catholic church in New York, where Mr.. Des-
oranges prior marriage was celebrated, we sailed
for that city On our arrival there We found that the
registry of marriages had been destroyed Mr. Clark
arrived after US. We heard that a Mr.. Gardette,
then living in Philadelphia, was one of the witnesses
OF Mr.. Desgrange's prior marriage. We proceeded
10 ~ ity and Mr. Garln,tp- He answered.
that he had been present at the prior marriage OF
Desgrange, and he afterwards knew Desgiange and
his vile by that marriage. That this wife had sailed
for France. Mr.. Clark then sad-"You have reason
no longer to refuse being married to me. II will be
necessary however, to keep our marriage secret till
have obtained judicial proof OF the nulty OF your
marriage with Desgrange." They were then mar
red. Soon afterward our sister, Madame Caillavet,
wrote to us from New Orleans, that Desgranges
wife, whom he had married prior to marrying
Zulime, had arrived at New Orleans. We fastened
our return to New Orleans. He was prosecuted for
bigamy, father Antoine, of the Catholic church in
New Orleans taking part in the proceedings against
Desgrange. Mr.. Desgrange was condemned for biga-
myin marrying Lume, and was cast into prison from
which he secretly escaped by connvance, and was Ia
ken down the Mississippi river by NJ. LIE Breton Or
genos where he got to vessel and, according to the
best of my knowledge and belief, never afterwards
returned to Louisiana. This happened in 1903, not
great while before the close of the Spanish govern
ment in Louisiana. Mr. Clark told us that before he
could promuigate his marriage with my sister, it
would be necessary that there should be brought by
her an action against the name of Desgrange. The
anticipated change OF government created delay but
at length, in 1906 Messr-. James Brown and Elizaer
Fromentn as the counsel Of my sister, brought suit
against the name of Desgrange in the city court, |
think, of New Orleans. The grounds of said suit
were, that said Desgrange had imposed himself in
marriage upon her at the time when he had living
lawful wife. Judgment in said suit was rendered
against Desgrange. Mr.. Clark still continued to
defer promulgating his marriage with my sister,
which very much fretted and irrtated her feelings.
Mr.. Clark became a member Of the United States
Congress in lS06. While he was in Congress my
sister heard he was counting Miss Cation, OF Balti-
more. She was distressed, though she could not be-
leve the report, knowing herself to be his wife, still
his strange conduct in deierTing TO promulgate his
marriage with her had alarmed her. She and sail
cd for Philadelphia to get the proof of his marriage
with my sister. We could find no record and were
told that the priest who married her and MI Clark
was gone to Ireland. My sister then sent for Mr..
Daniel w. Coke mentioned to him the rlmor; he
answered that he heard it to be true that Clark Was
engaged to her. My sister replied could not be So
He then told her that she would not be able to estab
fish her marriage with Mr.. Clark, if he was disposed
to contest IT, He advised her to take counsel, and
said he would send one: Mr. Smythe came and told
my sister that she could not legally establish her
marriage with Mr.. Clark aud pretended to read to
her letter in English, Ga language then unknown to
my sister) fpm Mr.. Clark, To Mr. Coke stating that
he was about TO marry Miss Cation. In consequence
of this information, my sister Zme came to the con-
OF 10 Ut
course with Mr. Clark, and soon after married Mr..
Gardet'e, of Philadelphia
The testimony of this wltnes. has been given in her
own words, IN her answers IT, questions put on both
sides. The cross-interrogatoiTes were filed by dis
tinguishcd counsel, having before them ut the time
the drec, nterToeatorcs to be put to the witness II
often happens in the investigation OF causes that the
capacity Of the advocate has an influence upon our
conclusions in respect In testimony II IS right also,
in this remarkable suit, that those who have been
plofpg-onaly connected with il. for AGAINST the
complainant should be mentioned. In TINS instance,
il will show that the cause was conducted by lawyers
Of ability and experience, and that they made
searching scrutiny into The veracty oil the witness,
by all Of those ingenious and pressing inquiries which
the rules Of evidence permit 10 be asked aud which
the itself and the testimony Of the witness sug
ges'ed. The cross lnierrogatonss answered by Mad
anne Despair were filed by j.. G. Duncan, j. j. Mer
cer II. NJ. Shepard, John Slidell, Julien Seghers y.
a. Zost. II. Lockctt, aud Isaac T. Preston, Esqs.
Here follows elaborate review Of the efforts
made 10 discredn the testimony OF the witness Mad
ame Despair. The judge then continues
1t is scarcely necessary for me TO say that when
the general reputation OF Witness has been i'm
pcached that his credit may be established by
examining the witnesses who have spoken against
him. as to their means OF knowledge and the grounds
Of their opinion or TO their character and con-
duct or nv calling other witnesses to support tue
character oil the first Witness to attack in their
tam the general reputation Of the impeachng wit
nesses. 4 Esp. 1903, l0t: Phi Ev. 1873. But no fur
Their witnesses be called 10 attack the character
Of the last In other words discrcdting witness
may himself be discrdited by other witnesses but
there the recrimination must end Lord Staf,rd's
trial, How. st. IT. lis4. In this instance the
character Of Madame Despair most signally sup
ported. ] only now mention that another mode Of
impeaching witness is By proof that other state
ments were made out Of court, contrary to what has
been testified III court. No such attempt was made
in respect 10 Madame Despaus statements. u viii
be directly that my particular statement Of the
rules for dscredi.ing witness is appropriate 10 the
case now proceed to state what was said by
those who were called 10 impeach the character Of
Madame Despair. Caraby gays nothing good was
said Of her; another witness that her reputation
on the same footing that OF Madame Desgrange.
Two Others the daughters of Gardctte, place her
footing with her sister Zume; Courcelle says the
same, and all say reports Were unfavorable to Iu-
line have given the testimony Of all Of them who
were introduced to inpeacb the character OF Ma
dame Despau. There no attempt to imPesch
her credit except by assoiling her for want Of char
acter forty years before. Tbirtytwo witnesses
called To H. They knew her all of that time.