The New Orleans daily Democrat. [volume] (New Orleans, La.) 1877-1880, 1877-03-29

mitting the will Of 1918, was ordered to
pc reviewed, and came up before Judge
L. Wharton Collens, one Of the most
learned and patient OF our judges,
After long argument, Judge Colleng
reversed the decision rendered twenty
years before by the Supreme Court, and
refused to probate the will.
! On appeal, this decision was affirmed
4, presiding.
Here was sad and dismal conclusion.
final and fatal extinction of all Mrs.
Gaines fond and bright hopes and
dreams.
this blow 2"
Easily enough" suggested her in
genlous lawyers, transfer the case to
| the United States Court"
Inls is the common remedy employ
ed py ali lawyers who see no chance OF
success In the State courts. A conflict.
arose between the two Jurisdictions.
Which was finally compromised byan
understanding, or decision, that the
verify and legality OF the will might be
questioned and disputed by all partiea
whom Mrs. Gaines might sue on titIea
based on said will.
And this is the issue now Joined in the
United States Court in the various
Eu.
ment, on Saturday last.
This argument was attended by Mrs.
Gaines and number of her lady friends.
VINO evlnced o profound interest In her
suit. AS for the little lady herself, she
was absorbed in every utterance of the
lawyers who conducted the argument.
ana ner expressive countenance and
bright Gipsy eyes flashed and glittered
with spirit, Intelligence and enthu-
slasm, with every sentence and idea
Whlcn feli from the learned and at
times very prosy lawyers.
The argument turned chiefly ,,pou
law points. Gould lost Geographic
Will De proved by persons who had seen
IL or heard 1T read twenty years before
they testified? Must they not land this
was the vital point swear to the date
and the year, according to the exact
terms OF the law? The witnesses had
not stated the date.
On this slender thread hung the
whole case and the fortunes of the in
defatigable little lady who has now
reached her seventy.third wear. I'M nn-
wearied and undismayed by fifty Years
OF incessant litigation.
Mr.. W. II. Mills, for Mrs. Gaines, main
tanned and argued the legality OF the
probate OF the will with great ability
and large display of learning. Mr..
Mcconnell, who, from a STRIPPING, has
grown gray and middle-aged In the re-
slstance to Mrs. Gaines claims, replied
with elaborate and dinexhaustible knowl-
edge OF the law and facts Of the case.
Mr. John Ell. New closed the discus
sion in speech of remarkable power
and eloquence. An interesting incident
marked the delivery Of this very inge-
NOUS spench.
In his introduction Major New re-
ferred to the lady plaintiff in terms OF
chivalric admiration and respect, as
one OF the heroines Of the age, who had
Illustrated the noblest qualities of her
sex and who in her patient suffering and
her e1haustless yalor had surpassed
the most brilliant displays Of the heroic
virtues which had illuminated the pages
OF ancient or modern history. We
would not do the Major the injustice OF
attempting to quote from hearsay the
beautiful flight of eloquence In which
ne indulged on this theme. During ita
delivery the tears gushed into the eyes
OF the lady plaintiff, and hea friends
were visibly affected.
Major New then passed to the discus
sion OF the law points, which he handled
with no less skill and power, against
the plaintiffs claims, than he had ex-
hibited in the manifeststion of his SYM
pathy and admiration for her heroism
and constaney. When Major New con-
cluded his speech Mrs. Gaines was the
first to advance to him and congratulate
and thank him for the chiyalric senti-
ments he had expressed.
"Ahl Major" she exclaimed, "you
and Daniel Websters are the only
lawyers ever opposed to me who spoke
OF me with kindness and respect. Il
have survived fifty members of the bar
who have pursued me with malignity
and injustice. They have been short
lived. / will not say that triumphed
In their early decease. but I hope you
will live many years to vindicate the
honor and dignity OF your profession"
And now this great case is with Judge
Billings, and thence, whatever be the
decision, it viii be taken to tue & r1iiteda r1iited
States Supreme Court. where, we hope,
whether 1t result for or against her,
it will be finally determined, and the
lady plaintiff be relieved OF suspense and
of the hope 80 long deferred, which
would have made sick any other but
the large and dauntiess heart OF Myra
Clarke Gaines.