Evening star. [volume] (Washington, D.C.) 1854-1972, 1874-02-04

WHAT SHE ALLEGES IN HEB BILL FOR A,
rNJurrTU0N.


WHAT SIZE ALLEGES IN HER BILL roR An
INJUNCTION.
We briefly noticed In TIE STAR of yesterday
the fact that Mrs. Myra Clark Gaines had by her
attorney, Judge Paschsl, iled a bill for an in
junction against Hon. Caleb Cushing, to re-
strain him from receiving from the Interior de-
partment the patents for certain lands. In her
bill Mrs. Gaines alleges that in 1850 she en-.
ployed the defendant to argue certain Appeals
then pending in or to be brought to the United
States Supreme Court, for a fee of SOS 0OO aud
this was to be paid him by giving him six per
cent. OF the recoveries by suit or compromise
till the full sum of SIS 900 should be paid She
retained no copy of the contract, and in 1867
asked for copy, when she was told by the de-
Iehdsnt that he had lost or mislsid it; but he
produced what he said was a copy, containing
reservation in his favor. of which she has no re-
membrance.
While acting as her counsel as above, the de-
PENDANT proposed to her TO convey TO him GER
tam lands belonging 70 the estate of her father,
Daniel Clark, saying that as she had no money
ne would furnish the funds necessary, and
would employ Louis Jann to prosecute the
suits for the same against the United States,
under the act of Congress; that after paying the
necessary expenses and q reasonable compensa-
ton for tees, he would convey to her the bal
ance OF what he should recover. She expressed
wish to know what Jsnin would charge for
his services, but the defendant said it was en-
tirely unnecessary, as Janin was an honorable
man, and would charge only what was right; and
having full confidence in the defendant as her
counsel, she agreed to make the conveyance
to be held by defendant in trust for her. She
further charges that Nav 3ist, 1861, the de-
PENDANT produced deed, which she signed, in
full confidence of said understanding. This
deed recited that Daniel Clark had held at tue
time of his death, by virtue of certain Spanish
grants, in the state of louisiana about l2G 900
arpents of land, and that Myra Clark Gaines,
daughter, heir and devisee of said Clark, for
good and lawful consideration, conveyed unto
Gushing, the above described land in fee. She
states that year subsequently, when in New
Orleans, she ascertaIned that no suit had been
brought for the lands, and also learned facts
which induced her to believe that ,Janin was
betraying her, and seeking to deprive her of
her rights In said lands; that she wrote four let
tiers to defendant demanding the return of her
deed, to none of which did she receive a reply;
that she sent her agent TO him 10 demand the
return OF her property, to whom defend ant de-
clared that he had already conveyed the prop
erty back to her.
Mrs. G. explains that this conveyance relates
to another deed of about the same date. She
further says that she then employed counsel
and prosecuted her claim before the register
and receiver of the land Office at New Orleans,
and obtained DEGREES of confirmation to the
said land, and sent them to the general land
office for approval, where she was met by the
hercest and most INSCRIPTIONS opposition by
Defendant, which resulted in her failure to OBJ
tain the confirmation of the DEGREES. She states
that defendant brought suit for the lands in
February, 1870, in the United States court for
Louisiana, obtained decree for same in jan
uary, 1872, which DEGREES were confirmed to him
Dy tue court Oh the United States
January, 1873, and he Immediately caused the
record to be certified to the commissioner of
the land office, from whom he demanded pat
ents for the lands, and the commissioner
has asked authority of the Secretary of the
Interior to Issue the patents. Mrs. q. charges
that defendant acted wrongfully, fraudulently
and in violation OF his trust in that ne repre-
sented to her the necessity of transferring the
property to him a. a means for her prosecuting
the claim; in that he neglected to bring her suit
for more than year, knowing at the time her
necessities; in that he induced her to believe
that he had already returned the property aud
relinqnished all control over the suit; in that
he had given out that the plaIntiff gave and
donated the estate to him; in that he pur-
chased an unjust claim against her for - OO1
knowing II to be IN ust, and sued on it 10 iun
ment; in that he sued her on a contract for
$4,000, which at most could be but S25, 900: in
that he has denounced her in violent manner
and threatened TO go against her in her suits; in
keeping all Of his movements secret from her.
and III employing Janin as his attorney when
he knew that Janin was opposing her
every movement to obtain her rights
She says by these and suudIy other acts of op-
preston and violation of the rel atoms of att6r-
ney and client; that ne is entitled to no benefit
in said lands; she offers to pay the reasonable
expenses and costs OF the suit she states that the
lands are worth $4,000, and althou IN defendant
Is Teputed to be a man of wealth, she knows of
no visible means whereby so large an amount
can be made. She alleges that the defend a Mt Ia
about TO leave the United States for an ind eff
mite period, and is hurrying the Interior depart
the said property before leaving. She closes