The Yazoo City weekly Whig. (Yazoo City, Miss.) 18??-1855, 1855-04-06
By MRS. HARRIET n. PRENETT.
YAZO0 CITY
FRIDAY APRIL s. 1851.
MRs. MYRA CLARK GAINES


Wehave been anxiousiy looking ii the sN
Orleans papers to see what disposition Judge
Lea, Of the Second District Courts bus mad Of
the case Of this lady, d whether he ha k5pt-
ed new hearing Of i for which 81 counsel
were arguing before him It our udpices.
| It NAV Sc known to our renders be decided
against her about three wask ago. but g his
decision was based upon mere technically Of
bubble 81 law, 81 be that was not presents
SO 81 argued before him, strong hopes were en-
tersained 81 the lady and her friends. that he
would grant re-hearing and reverse bis dieis-
ion Il viii be reeoIlected that the Courts IN.
New Orleans decided in her favor in 1913 but
the defendants in tho case, the representatives
Of the people who hold her property, appealed
to the Supreme Court Of the y S., and Judge
Catron decided against her. But she, with an
indomnitable spirit that could only be kept up
ID just cause, has never despaired that justice
would finally be awarded hsrsbut has gone back
to the inferior courts,and IS endeavoring to Pro-
bate the viii of the late Daniel Clarke, which
leaves her sole heir to his vast estates. We
copy the following notice Of this case from the
Data Of the 25th ult
eThe motion for q re-hearing on the application
Of Mrs Gaines for the probate of Daniel Glark's
Win came n1 yesterday before Judge Lea, Of the
Second District Court and was argued at great
length Mr. Bonford occupied the Court for
three hours In reading authorities and presenting
arguments against the decision of Judge Lea. He
argued both from the civil and common law that,
Judge Lea, having admitted theprinciple Of Prov
inc lost wills and the doctrine that secondary evi-
dsnce Was admissa Die where The primary could not
BE obtained required primary evidence be adduc.
cd when 81 tie loss q rendered im-
possible In other words he a the same
proof as If the viii was in existrnce
cited numerous cases show that such was not
the law. He also contended with the great array
of authority that the evidence in this case was
full compliance with even the requisite Of the
law. Mr. Bonford was to be followed By Judge
Smiley for Mrs. Gaines but owing to the late
hour when the argument was taken up there was
not much prospect Of its being concluded yester-
day"
We shall anxiously wait the result. We be-
lieve there are very few persons that entertain
a doubt but that the property so long in litiga-
ton, belongs to Mrs. Gaines both legally and
equitably, but so many interests contend against
her that some say there is not q Judge living
who dare decide in her favor. This is bold
assertion, but it is made every day in New Or
leans. Mrs. G. is a remarkable wonan--of
superior talents, popular manners and spirit
that twenty Two years of continued law suits,
and the consequent annoyances and disappoint-
ments they have entailed, have not broken--Of
a genial and kindly nature, that no reyerses of
fortune, treachery Of friends, or persecution Of
enemies, have at all soured. She has the heart
and viVacity of sixteen, and those that think
they will ever tire her out or kill her, have reck-
oned without their host. We believe she has
the secret Of the Rosicruciaus supposed to be
lost of retaining perpetual youth. She bears
her long probation Of the Laws delay much
better than poor little Miss Elite to whom we once
compared her did land she laughed more than
any one else at the comparson) and seems to
grow stronger as the years Of mental anxiety
and bodily exertionthat she has passed through,
20 by. Mrs. G. is the only lady we know Of
who ever argued her own cause in open court.
We heard Of the circumstance long ago, and
recently made her tell it to US among other in-
tsresting matters Of her long and varied exper-
ience of life.
It was during Gen. Gaines life time and he
and his wife were ia court. We forget who
was arguing Mrs. e. q cause, but he either in
fringed some nice point Of court etiquette o. was
too plain spoken for the fastious Judge, and
was ordered out Of court mrs. g. was thus
left without ceunsel il. the midst Of her oppo-
nents. It is well known that Major General
Gaines, like Harrison, Jackson and Taylor
though he could do some hard fighting. was nc
great speaker He thought, and just too,that
men ought to do the working and lighting and
women tie talking. SO he told bis wife to eel
up and argue her own cause. She eyed orders
ana the Judge and the whole court looked as
fonishel She took up the Record and com
aenced Ieading ii the very place where he
siIenced lawyer had left of, end the bench tolC
her to st down. Some of the young men ab0u
the room began to litter md the Judge to frown
when General Gaines pped forward and said
0ATaV # please i court en- nousble f0
what the lady says ID court ana court
Let her speak And she did speak on
hour and d half and carried The point sue
But enough. Our little friend hes
wishes for he health and happiness 40
cess Of her suit.
5 Know NoTHING MANN 50. The
Herald pr fishes circular signed
tie President Of tie Know Ns.hlns s.
York State. g tie S, Council conIs
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