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

YeUOfteO the WITNESSES VI tuc 11ut, WoOS
more than improbable, by an exemplary life sus-
taine6 there and carried BY her tlro1gh forty years
into respected old age. Think that her testimony,
corroborated it s, In ita most material particular,
ali by circumstances in the CASE or any attempt to
discredt them, and two of whom the defendants
witnesses declare were men OF standing and high
character prove the marriage between the complain
ton can be asceltained by proofs, and in the way
which has always hitherto been adjudicated by
courts, to be sufficient to establish marriage In cases
of this kind. The corrob0rating evidence are the
proposals of marriage for Zulime to her family after
her voluntary withdrawal from Desgrange, upon her
hearing that he had then previous wife alive That
Clark acknowledged to her the marriage afterwards,
and that Zulime did the same. The oath OF Mrs.
Harper, who nursed the complainant the friend OF
her father, that Clark repeatedly acknowledged to
her that Myra was his iarfM child. The will which
he made in her favor short time before his death,
Myra his universal egatee, terming her in it his law
full child The proof by several witnesses that such
a mW mas made by him, mhich no one can doubt
whose mind IS open to the proper bearing Of fesfi.
that ~U and the object Of il, arhen conscious that he
was uitLin the grasp Of death withom hope Of a
reuiere, in that last moment Of life here rhem that
arhich presses most upon the parting spirit IS re-
1fyra ras his Legitimate child that he had made her
the successor of his uhoie estate; nh dying tcords
pointed ont srherc the pW poud be found, and d.
rected icith all the carnestness Of his condition. tat
had promised to be hcr tutor and guardian, TO chose
hands she uas confoed to be brought up IN the rank
and condition Of her legitimate paternity, as the
dearest and last object Of her tathe's affection.
her as his legitimate daughter, before he made the
will of 1873 then 50 describing her in the will and
afterwards in their conversation about her. This
Witness in her answer to the tenth cr0ssinterroga
thn hatxv
Clark and Zulime. It is, that when Mr.. Clark was
absent in Washington, individuals had, or supposed
they had, great interest in dissoving his connec-
ton with the mother of his child, commenced plan
of breaking it up, by writing to Mr. Clark mputa-
tons against her, and by filling her mind with I'M
favorable impressions against him, till at length his
mind was SO poisoned, that when he arrived in New
Orleans she and he had severe quarrel and sepa-
rated. She Immediately after this left New Orleans.
Madame Caillavet swears that she was not pre-
sent at the marriage of Clark and ZulIne,
but says, 81 do know that Clark made proposals Of
marriage for my sister, and subsequently Zulime
Clark's proposals Of marriage were made after it
became known that her marriage with Mr.. Des-
grange was void, from the fact Of his having then
and at the time Of his marrying her. a living wife.
These proposals were deferred being accepted, until
the record proof of Desgranges previous marriage
could be obtained, and Zulime and Madame Despair
sailed for the north of the United States to obtain
the record proof Mr. Clark acknowledged her to me
ter recitng with much mnuteness circumstances
connected with the will Of lsl3 says Clark spoke to
him of Myra as his legitimate child, and in speaking
to him OF her mother, he says he spoke Of her with
great respect and frequently told me, after her mar
riage with Gardette that he ,could hare made has
marriage nth her public, if that barrier had not been
made and frequently Gmented to me that this barrier
had been made, but that she mas Hameess." Colonel
Beechasse also says, that Clark repeatedly acknow
lodged to him that Myra was his legitimate child,
and styled her in his ,cM Of 1918 his legitimate
daughter. This witness also gives very full account
Of the will of 1873 have cited only so much Of the
testimony of these witnesses conrmatory OF the
testimony OF Madame Despair, in respect to the mar
rage of Clark with her sister, and Of Clarks acknow
ledgment to others of his marriage with Zulme, and
Of their child's legitimacy.
Having concluded in my own mind that the evil
dence establishes the marriage between the father
aud mother Of Mrs. Gaines and that she is the child
OF their union proceed to the next most interesting
point in the cause.
1t is that neither their marriage nor her birth will
be available to establish the claim Of Mrs. Gaines, be-
cause at the time when Clark married her mother
she had then another husband alive. That marriage
being admitted, and that Desgrange was alive when
the marriage with Clark was solemniZed, the objec-
ton will be sufficient unless it can be removed
Upon the part of Mrs. Gaines, it is said, and think
is proved as the law requires it to be DONE that her
mothers marriage with Desgrange is void, ac-
count Of his having been married man when he
married her. as il there never had been such rela
ton between them.
The attitude of the parties in the cause is then
this-that each charges bgamy in support Of their
respective rights, with this difference that the de-
PENDANTS do for the twofold purpose OF establish
ing the fact upon the mother Of Mrs. Gaines and
from the nature of the testimony upon winch they
tween her and Clark will examine BOTH and fear
ing that ] may omit something, ] will state the
proofs upon which each party relies, after having
stated the kind Of proof which the law permits to be
given in civil suit, where bgamy is the point to be
determined.
charge Of bigamy in criminal prosecution can
not be proved by any reputation of marriage. There
must be proof OF actual marriage before the accused
can be convicted. But in civil suit the con-
fession Of the bigamist will be sufficient when
made under circumstances from which no objection
to it as confession can be implied The proofs re-
lied upon by Mrs. Gaines to establish the bgamy OF
Desgrange when he married her mother, are, his
confessions of it to witnesses contemporary with the
tact OF their separation more than year before he
was prosecuted for bigamy, when it does not appear
10y any proof in the cause that he menaced with
prosecution. To such confession is added his
fight from New Orleans during the tendency Of an
inquiry against him for bigamy, and an adjudication
afterwards upon his return TO New Orleans, by
competent tribunal in inquiry into the validity of
that marriage, at the suit Of Zulime in her maiden
name, in which judgment given in her favor,
and against him. In respect to the marriage of her
father and mother the complainant relies upon the
proof Of it by Madame Despair, who was present
Wien IL TOOK place, upon the declaration OF Madame
Caillavet as to Clarks previous proposals Of mar
rage to her family for her, their and her acceptance
Of them conditionally upon proof being obtained Of
Desgranges previous marriage Clark's admission
OF that marriage to several witnesses, as ] have
already shown, her fathers conduct towards her
from her birth to his death, his frequent aeknow-
ledgInent of her legitimacy, the provisions of for
tune which he made for her at different times and
the will which he made in her behalf declaring her
10 he his legitimate child and making her as such
hi universal legatee. On the other hand, the de-
PENDANTS rely upon the validity Of Desgrange's mar
rage to Zulime upon the secrecy Of her intercourse
with Clark, or OF their alleged marriage, upon their
not having lived in open cohabitation as man and
wife, upon Clarks subsequent courtship OF other
females with offers Of marriage, upon Zulimes mar
ra9e with Gardette in 1905 without any attempt to
prove her marriage with Clark or any application
by her to dissolve it by legal means to enforce
with the proofs which she had OF it, when she dis
covered his infdelity TO her. They also rely upon
certain papers to be found in the record.
The fira Of them i what they term an ecclesasti-