The New York herald., 1868-04-07
UNITED STATES SUPREME COURT.
Important Decision In the Case Of Mrs. Gaines
Against the City Of New Orleans-NIrs.
Caines Successful.

Important Decision In the Case Of Mrs. Gaines
Against the City Of New Orleans-NIrs.
t;aines Successful.
WASHINGTON, April o. 1885,
In the Supreme Court OF the United States to-day
Associate Justice Davis delivered the opinion Iii the
case of Mrs. Gaines, the daughter of Daniel Clarke
against the city OF New Orleans. lie said that all
the material points In the case had been decided in
Gaines against HennOn, but as il had recently been
argued the court had taken up the whole subject
and reviewed 1t on It's merits both as to the
law and the facts. lie then proceeded to
examine, first, the question Of the legitimacy Of Mrs
Gaines and the facts on the record concerning IT,
and, second, the marriage OF Znlima Carriere with
Daniel Clarke, and came To % conclusion IN favor of
Mrs. Gaines on these points. He next considered
the other question OF law and fact, including the
alleged copartnership between Clarke, Chew and
Ielfe; the alleged insolvency OF Clarkc the alleged
validity OF sales by Chew and Eelfe, as executors OF
Clarkc the objection of prescription and of all other
technical objections, and decided each In favor
OF Mrs. Gaines. The court expressly said that IL
sidcred this decision conclusive ana final dispo-
stion ofthe whole matter. The will OF Daniel Clarke
OF lslS probatej In the proper OF louisiana
was binding in the Supreme Court. II there was any
objection 10 that act OF the probate court It should
have been made at the proper time by proceedings
before the same court In Louisiana, which not hav-
ing been made the decision is presumed TO be free
from any good cause OF objection there as II ncccs
sariy Is In the Supreme Court OF the United States
The suit In the present case was for property dis
posed of by the executors Of Daniel Clarke under
pretended authority OF the previous viii Of 1911,
which the court decided TO be q nullity and
said the purchasers must take the consequences.
This case was argued by General Cushing
for Mrs. Gaines, and by Miles Taylor and
NJ. Mcconnell for the city of New Orleans.
Two other cases involving the same principles were
also decided to-day In favor OF Mrs. Gaines. The
matter has been In controversy thirty years. Asso-
cae Justice Davis expressed the opinion OF himself
Chief Justice Chase and Associate Justices Nelson
Clifford and Field. II was disscnted from by Asso-
clate Justices Brien, Swain and Miller.
Application for Relief.
In the Supreme Court to-day, near the conclusion
OF the proceedings, General W. @. NJ. Davis read a
petition from Hamilton Martin and william ". Cill,
stating that they arc held In prison in the State OF
Florida, confined In damp and unhealthy quarters
and that thereby their health has been impaired.
They pray that their condition may be paated
by this court; that there may be a revision OF
the proceedings Of the court below; that
for want Of pccuniary they have not until now
been able to procure counsel In their case, &C.; that
In view OF these and other facts they pray writ OF
habeas corpus may be granted, and that the court
wlll direct the competent jurisdiction TO bring the
petitioners at day certain during the present term
before the court, In order that the Of their I'M
prisonment may be shown and that writ Of certio-
rar may be sent TO the Circuit Court that record
Of the full proceedings In the may be furnished
and the petitioners may be heard by counsel and de-
lvered from Imprisonment
stating all the facts to the best OF his knowledge and
belicG lie was under some embarrassment having