The New Orleans daily Democrat. [volume] (New Orleans, La.) 1877-1880, 1877-04-24

lore IT should hpt be regarded Ia court Of justice
for any purpose whatever. That said decree was
designed ~ no honest exposition Of the merits OF
the case, but was brought about allowed and
assented 10, for the purpose er pleading the same
as res ttdteata upon points In litiga alton hot hon
eatiy contested"
Patterson WAS examined as witness, and from
hiH testimony the Bapfens court concludes
tp. 51BD "That this proceeding on The part Of
Patterson and General and Mrs. Gaines was ami.
cable, aud that no earnest litigation Was had Ia
loo manifest for controversy. They agreed 10 80
10 trial at once on the depesiiions found In the
probate court and ~ Patterson was 10 loss moth
Ing by the event. he was of course Indifferent AZ
10 what evidence might be introduced nj the
hearing
"tt alao appears by hs evidence that when
decree Wa. obtained IN the Circuit Court against
him. his name was used 10 carry up an appeal TO
this court bat 1t WAS In fact brought UP by Gem
oral and Mrs. Gaines. Patterson employed oouas
sel here. who Of oa,rse had to take The record ne
they foand IL, and make The best of IL as they
| could, and u is conceded on all hands they did
40. and made tho best eserton for Patterson
they could do oh the record brought up by him,
as they supposed. Nevertheless. an affirm anos
Of the decree was had In this court. II could
hardly be otherwise In a case managed No this
was, the ohisnt Of The oomplainants below being
| 10 obtain favorable opinion and decree on the
law and facts OF case made mp nj their own
discretion"
This e,se of Gaines We. Chew Il Heif. was 40.
riously contested. and the court, while announs-
ing their conclusions. say, an,eng other things,
| t12 How. bs9D
| "Ths decree Of this court In Charles Patlerson's
| case does not efisot these defendants, for two
| reasons. tst, because they were not parties 10 l.
| and ID. heeause II was no earnest controversy.
"rhe record OF Desgranges prosecution for big
amy, overthrows tho feeblo and tho diseredted
evidence introduced by complainant 10 prove the
| bigamy OF Desgrange by marrying Marie Inlime
nee Oarrere, in 1904; and established the fact tha
peagrsnge was her lawful husband in 1902 oi
| 1908, when complainant alleges Daniel OlHrl
married her mother; aud, therefore, oon,pIainan,
is not the lawful heir Of Daniel Clark, and can In
herit nothing from him.
An ordinary mortal might have been complete
iy discouraged by this decision, but Mrs. aaine
lie evidently not an ordinary mortal. Besides
she fully realizes the fact that courts and thei
decisions are mighty uncertain, so che kept peg
ging away at her claim. About tho year 1856 nh
obtained from the Supreme Court Of Louieiana
decision admitting to probate an Geographic will
Of Daniel Clark, which her witnesses swore tn
said CLARK had made in July, 1873, but whic
nobody had ever read, and by which CLARK wa
said TO have constituted her er--"my legitimas
daughter his universal legatee.
1n consequence Of the probate of this will
when another Of her numerous cases was roscho
by tho Supreme Court in 1861, that Court ren
dored decision (Honnen's case, 81 Howard
which gave TO Mrs. Gaines the very status whic
tho decision Of 1851 had denied to her, and de
clared that there was legitimate marriage b.
tween Daniel Clark and znima CArriere, an
that Mrs. Gaines was the legitimate offspring 0
this marriage and Daniel Clark's hoir.at-law.
After tho war, In the year 1868. we believe,
decision Was rendered by the Supreme Court
the same effsot In the case OF Gaines vs.. tho ot
Of New Orleans, and most people supposed ths
the yarious legal questions involved in the 0ains
claim had been definitely determined; hnt b.
. adyersaries had By no means exhausted their n
sources. Their next move was to proceed Ia u
Second District Court Of this city for the revoc
tion OF ths probate Of the will Of 1919 which ha
: bean obtained from the Sup<sms Court Of Loui
Y ians. Ii 1850 In What WAS practically an ~ pa,
] prooesding. II This undersAking they ~