New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1871-12-11
THE GAINES SUITS.
A JUDGMENT REvOKING THE WILL OF DANIEL


CLARK.
From IT., N,w. Orleans Comm,rr1a B.u,Hn De-. $.
The opinion of Judge Collins, sitting in the
place Of Judge Duvigneaud in the Second District Court
delivered yesterday, called into the court room large
assembly Of lawyers and others The suit was instituted
pose Of setting aside and annng the probate OF what
purported to be the will Of Daniel Clark and dated July
After rccing the grounds Of plaintiffs petition His
Honor proceeded to review the evidence IN the case
At the time OF the birth Of Myra Clark Gaines, was Zu
lime Carrcr". her mother. the lawful wife Of Jerome Des
marry said Zulne Carrerc. and If he did was 1t in good
faith having no reasonable ground for considering her
the Court held that the marriage Of 2ulime Carriere with
Jerome Des Grange was clearly established and the
Court utterly rejected the evidence offered to prove that
Des Grange had been tried and convicted OF ogany ON
account OF this MARRIAGE
1t shown that Des Grange about the 26th of March,
1901 left NewOreans for Europe on friendly terms with
absence that ne wrote her from Europe expressing
SSG S1 hat d s h with T;n
sent her in the Spring Of 1902 to Philadelphia to be there
delivered Of child which was named Car1ne was
passed through Philadelphia his way from Europe.
to search Tor evidence Of De sS
marriage but oInts the fact that Caroline was born our.
Clark was well acquainted with tho laws in relation
marriage man Of education OF uncommon intellectual
thai il zamc failed to ESTABLISH bsamy against de;
Grange she would be to the same cmargr so ao
chastity generally, fact which Clark could nor help
knowing. Indeed he had an illicit child by her while she
Must believe that under these circumstances such
man hurried to bind himself to such woman Had he
done So it could not have been done IN good FAITH
But is proper look to Clark and ZumeS course
| after their alleged marriage lney nau taken =
conduct. Clearly it necessary that Zulime should
break at with Des refuse Tdr to bear ms name
II it proposed by them one day to he regarded az
having been married August, 1902 She did not do
| mi No. Gran
lodged husband, and she continued TO bear his name
aiiinony, and finally having obtained Judgment Of
divorce, contracted marriage with Gardet;e which
the ground that she was under no legal Obligations to
Clark his Clark does not appear to have taken
another to have done anything to make it appear
that the Des Grange marriage was nudity nor ana he
that such Judgment rendered in 1902, there
no reason to postpone the publication.
rel between him and Znime and the marriage with Gar
aete We're still at in the t wo%n Of
seen, that II there had been the one hand con-
domination Of Des Grange Tor Dsany ana on me Other
birth OF Myra in 1904, required the immediate publicity
concealns the birth Of The Child as in case OF bastrdy
and 10 mention OF is made TO the persons
procured room IN an unoccuplcd house for zllimc's
delivery he who took the child ~ born of unknown
hood and WHO did this Tor the sake of intimate and
confidential friendship never heard from Clark any men
kind and disinteresed lady who nnrScd the child and
claims to have been ClaIks cOnidcntal fricnd-Cluk
that actually happened at any time Neither dill he
mention it as fact any other intimate. True he
knowledgcd to them that Mya was his child that no
would acknowledge her such In his Will. and evnced
the warne>t affection Tor her. but told any Of
them about the alleged marriage Then there is the let
ter Of Margureaux. He SAYS that Clark represented
Myra TO HIM his natural child Next there is The tact
'r ea' fact snirey NJ WITH the ornon sa
Clark not married to Zuiinc: thai he knew that
Myra was lis
ssent with the nudity of one MARRIAGE and the realty
of the other Besides there is the letter of Daniel Clark
to his sister, dated Oct H. 1868, IN which he assures
her "tbere is Mrs Clark nor any person likely to be-
both sides that be aierward coured Miss Eaton did
hr that s esed sS
place or at eat the evidence does not permit me me
use the Of Justice Grer this case history Of
scar sss and Witch Proper feeling Of Sa
should suffered to remain therefore disniss
that if it be tie law of Louisiana that viii be esal
lished by the dim recoectons inaginatOns or inven-
Sss of n a1s
notice Of apparently indefeasibe legal title hand
1 decide that Clark Could not and did not
make the probated will and that the probate a
years does not apply to cnre an absolute IL. null.
ty such results from violation Of public policy or
she acquired cannot interfere with the examina'
ton and decision in this case for that status If it be
ty of which, the alleged, there is prcscrp
ton: Supreme Court of the United States have
to this Court 20 PROBATE If they desired.
BY law OF Louisiana and the express decision OF our
up against him a. imminent of title. This right de-
Tense perpetual. and no length OF enjoyment OF other
The contestaon Beside this the Supreme Court OF the
United States has decided IN this question OF status III
dependently of the will OF 1873 against Mrs Gaines.
Wien there are contrary decisions indsputabe status
is set lied under them.