Yorkville enquirer. [volume] (Yorkville, S.C.) 1855-2006, 1868-04-30
THE CELEBRATED GAINES CASE.

The final decision of the suit of Mrs. Galnes
against the city of New Orleans by the Supreme
Court, terminates one of the most extraordinary
cases Of litigation in the whole history of civil ju'
risprudence. 1t is remarkable, says the Philadel.
phia Ere,ing Bulletin, in an able review OF the
case for the curiosity of the case itself; for the
large amount of property which it involves; and
for the wonderful display Of enduring pertinacity
with which the plaintiff has devoted her life to the
prosecution Of what has long been held to be q
hopeless cause. Seven times has Mrs. Gaines
pleaded her case before the Supreme Court, some
times with partial success, sometimes with none,
until at last after forty years of incessant itiga,
ton, she has won the day, and established hel
claim to large portion of the city Of New Orleans
valued, very modestly, at $5,O00,OOO. This fight
has been fought by Mrs. Gaines single-handed.
She has literally gone through fire and food as she
has travelled over the country always intent upon
the one great business of her life. With buoy
ancy of temperament that knew no Abatement
with an abiding faith in the justice Of her cause
and of its ultimate success; with few friends and
very limited means; with life slipping away under
the long delays and slow processes of the law this
truly remarkable woman has persevered until she
has conquered fortune.
A brief outline of this singular case will be In
teresting to our readers: In 1874, Zulime nee Car
rierre, beautiful Creole of New Orleans, married
one Jerome des Oranges in New Orleans In 1907
or 1908, Daniel Clark, a prominent citizen OF New
Orleans, became attached to Madam des Oranges
and, about the same time, it is alleged that it wa:
discovered that des Oranges had wife living IL
France, and that the second marriage thus proving
void, Daniel Clark privately married the lady Ii
Philadelphia. Of this marriage the present plain
tiff claims to have been born in Philadelphia, II
1902 or 1903 Her mother and herself were com
mitted to the care of her fathers friend and part
ner, Mr.. Daniel w. Coke, of this city. She at
forwards became an inmate of the family of Colo
mel Samuel B. Davis, and was known among bel
school-fellows, some of whom still remember her
as Myra Davis. When she grew up, it became
known to her that her true name was Clark, anc
she has established the existence of will OF Dan
iel Clark's, acknowledging her as his Legitimate
daughter. Yet her own mother, who, during
Cark's life, married NJ. Gardette, well knows
citizen of Philadelphia, was never summoned as
witness by Mrs. Gaines, and her father, DAME
Clark during his wife's life, addressed Miss Gator
of Baltimore, who, however, did not accept hi
advances.
Myra Clark married Mr.. VIM. Wallace Whit
ney, of New York, by whom she had two children
son and daughter, still living: After Mr.
Whitney's death, she married Gen. Edmund Pen
dleton Gaines, who died in 1S4s One child, thf
issue Of her second marriage, died in infancy
Daniel Clark owned large tracts of ground with
| in the limits Of New Orleans, which have become
Immensely valuable More than thousand suit!
have been instituted by Mrs Gaines to recover
these properties, upon which many of the fines
Improvements now stand. The decision Of th'
Supreme Court only applies, directly, to three
suits, but its ruling will coverthe whole ground.
This case has been one Of singular intricacy, ane
has turned, as will be seen by the above brief state
ment, upon the question Of the Legitimacy of Mrs
Gaines. It is but fair to say that even now, atte
nearly forty years of litigation three of the ables
members of the Supreme Court, Grier, Swayn
and Miller, dissent from the conclusions Of th'
Court