Evening star. [volume] (Washington, D.C.) 1854-1972, 1874-02-17
Gaine. versus Cushing.
O~suB.
THE CASE BEING HEARD TX TIE ECU

Yesterday afternoon and this morning. udse
Wylie, in the Equity Court. heard the case or
ing-bill for injunction to prevent the latter
from obtaining certsin land patents aud certif-
Gates tor lands from the Interior department
Judge Pascaal appearing for the petitioner,
and Mr.. L. j. Durant and Mr.. III. W. Garnett
for the defendant. The answer OF Mr.. Cushing
was filed before the case was argued, and in i
he states that at the Dec. term, 1850, of the So
preme Court OF the United States the case of
g aiDes against Herman was pending, in which
she set up claim under an alleged will of aniel
CLARK; that before the case was called for ar
gument IL was represented to said Cushing by
an eminent member OF the bar that he had
been solicited and was expected 10 APP
sci, but he could not appear, and it
would be an act of charity and generosity on
DIS tC.s) part to step into the argument OF the
cause, as she was then destitute of means of
paying counsel otherwise than by contract for
compensation. Said Gushing reluctantly con-
sented to undertake the argument on su CD terms
as the esteemed friend of Mrs. Gaines saw TT to
arrange, and the six per cent contract was
made. On reading the proposed engagement,
he perceived that il would be most onerous to
him. because reduced to cash the compensation
would be very small. Nevertheless, he entered
into the case as a matter of professional duty
rather than from inclination, and in ignorance
OF the perverse character OF Mrs. G., the sub
sequent experience of which proved to him 90 be
a greater burden than the argument of her
causes. The judgment in the case against Hen
nan was rendered subsequent TO the date of the
eeceeslOn OF LOUISIANA, ana OF course
mandate to the United States circuit
court of that district was available
Mrs. G.. soon after left Washington for Mont
gomery, in the seeded state of Alab am a. aud
afterwards went to Richmond, and resided in
Virginia and North Carolina until at or near
the termination of the war, and moved thence
to Brooklyn, and he &c frequently communi-
Gated with her, commencing April, 1865 con-
unuing to the end of the year, in regard to her
affairs, more especially to aid her in an effort
she was making TO dispose of all her claims to
some who were Inclined to purchase for large
sums of money, aud which sale would have
relieved her of years labor and trials, which
she has wasted In exaggerated conceptions of
the value of her claims and of the solidity OF
their foundation. These negotiations were
continued to 1866, and also in 81 and -.
IN regard to matters of importance to
her I, outside OF tae contract of February,
1861: Meanwhile, without advising with hun
she mad taken out mandate, caused the same
to be executed and sale made. When reproached
for this action, she being DESTROYS that he co.
United States Supreme Court, promised to
atone for her conduct by empowering him to
collect the rents and profits from the estate.
In due time the appeals came up, and he ar
gued them and obtained decisions in her favor.
Prior TO the date of those arguments it became
important for the interest Of Mrs G, 10 Send an
agent to New Orleans for several objects
among them to relieve the prosecution OF her
cases In that city from the impediment existing
by reason of controv5rsy between her and the
District judge. Mrs G.. had in her employ at
the time as general agent Mr.. o. ID. Barrett,
of this city, whom she engaged to go to New
Orleans, but she being in straitened circun-
stances applied to Hon. Caleb Gushing to ad-
vance the sum necessary for Mr.. BIS expenses
and he did so. During the many consultations
the question came up as to the rights of Clark
in certain uncOntirmed grants to lands in Lon
lsiana made by the Spanish Intendent of West
Florida when il was concluded to convey said
claims to said Gushing for the benefit of Mrs.
Gaines, ana il was done May 3lst, 1S67. Suisse
quently to these transactions she. on the 2jth Of
april, 1865, addressed him a letter approving of
these transactions, speaking of contract in the
plural number. Gushing executed declaration
of trust, and he avOws il solely for her bene-
TIT. He further states that it was agreed that
Louis Jsnin should be contracted with. He
states that the Supreme Court having decided
in his favor, he sued out the mandate OF the
court and presented ii to the commissioner of
the public lands; but the commissioner has not
Issued the patents or certificates in con-
sequence of doubts as 10 the validity
OF his grantOrs MRS. Gaines) rights, and he
is advised that the Secretary of the Interior
holds the case under advisement. He states
that be is and always has been ready to ac-
count to plaintiff bur il is not in his power until
he has received, realized AMI reduced 10 p1s.
session the bonds or other values awarded him.
Protesting against the IN 2DifOld ISLANDERS, i'm
peTtinenCes and falsehOOds contained in the bill,
he answers the alleg tons seratim. He de-
MES that she was met at the Land Office by on
position from Mr.. Janin and himself, but on
the other hand, he charges that she has con-
trived and endeayoTed to perpetrate frauds on
titiously to obtain combinations described in
the bill; second, in abstracting and suppressing
papers belonging TO the Land Office of New Or
leans, so az 10 set up claim to 1858 600 square
tOiseS Of land, covering more than the old city
OF New Orleans, under pretence Of grant OF
1920 square tOises to Daniel Clark, while even
this small amount did not belong to Daniel
ClATk-the most enormous fraud probably in
magnitude and wickedness ever ATTEMPTED
against the governm mt. To the assertion that
he bad denounced her in the most violent and
4.
Tepelled with Indignation her habittual and
frantic examinations and vituperatioas of
him." The court took the papers.
a WASHINGTON CLERGYMAN JOINS BrsHoP
CGNMINe' CHURCH.-tev. William McGuire
Of Washington city, has sent a letter to Bishop
Nottingham, OF the diocese of Maryland, an
nouncing his withdrawal from the Protestant
Episcopal Church, and his union with the Re.
formed Episcopal Church. Mr.. Mcclure is a
son OF the late Rev. DIR. Mcclure, of Virginia
so widely known and greatly venerated. He IS
a clergyman of fine talents aud scholarship, and
the Baltimore San thinks he will be a very
valuable acquisition to the new movement led
by Bishop Cummins. As a preacher he nos
sesses marked ability. In his letter to Bishop
Nottingham he says: "The opposition of the
two systems is diametric and indestructibIe
Protestant and ROmish sacraBenta:iasm can
not now live and breathe together any more
than they did when the deep and vital contra
rieties OF Church parties in the sixteenth cen
fury illuminated in the separation of the ever
Protestant Episcopal Church, among many
graver reasons, because | am unwilling longer
10 bear the responsibility Of supposed uphold
ing IN spirit OF the Church system with which
am connected. Membership in any Orgauizt-
ton necessarily involves liberation, and, di-
rectly or Indirectly, patronage OF the objects
ana operations OF that organization, and in the
case OF a Church which, as | believe, has de-
parted from the faith, to have membership
therein is TO contribute to the subyersion OF the
souls OF the people and to the dishonOr OF the
Lord Jesus"
REAL ESTATE TRANsFERs.-N. NJ. X phrer
10 SamuelS >: Bond, lot So, square 623, So ,OD9;
A. X. Shepherd and wife to Richard NJ Cor
wine, lot 9, square 2Sj, SIS 800; Dan Casey and
vile to Michael Shugrue, in the county, 500;
>: Slbley TO p. May, part lot S, square 40, Sl0O
Ihos. L. Crittenden and wife to J. S. Edw ards
trustee, lot 6, square $50, ST. 800; George W.
hopkins ct al. to w. W. Metcalf, lot %, so rare
ITO, S3i9; ). h. Caster to james McNalley, part
LOT =, square 900, 81 800. John Yewer ct ux. to
EdMard Quade. lot .. snuara q: -. z W