The New Orleans daily Democrat. [volume] (New Orleans, La.) 1877-1880, 1877-03-29
HISTORY OF A LAW SUIT.
THE GREATEST CASE EVER TRIED
APPROACHES ITS END.

THE GREATEST CASE EVER TRIED
APPROACHES ITS END.
Concluding Chapter Of the Gaines Drama.
Saturday last, in the q. s. Circuit
Court, Judge Billings presiding, the
argument Of the great case Of Myra
Clarke Gaines vs.. Fuentes and many
others, was brought to close.
This suit involves the last issues
to be determined In this long protracted
and singularly eventful and interesting
controversy. The main point involved
was the verify and legality of the will of
Daniel Clarke, made in 1913, by which
Myra was recognized as his lawful
daughter and made universal legatee Of
his large estate.
This will was read to two persons,
friends of Mr.. Clarke, to-wit: Chevalier
De la Croix and Mrs. Harper, but after
his death could never be found.
Efforts were made to discover it. and
when they failed an attempt was made
to have 1t probated as lost or destroy
ed instrument. This attempt failed,
and O. previous will Of 1911, wherein
Myra was not recognized or created an
heir, was probated and executed, and
all Of Clarke's property was sold
under 1t.
On reaching womanhood Mrs. Gaines
commenced the prosecution of her
claims as forced heir, and in every
imaginable form Of proceeding and by
every legal device and strategy she
sought to establish her rights. The re-
suits Of these several suits were various
and uncertain. Sometimes they
appeared to be in her favor, and the
little lady and her numerous friends
became jubilant when this large estate
seemed within her grasp, and the news
papers and gossippers exhausted their
inventive powers in devising schemes
and plans for the investment and dis
position Of the immense property which
would accrue to her.
Alas! few months and another trial
Of the Gaines case would dissipate these
rosy hopes, and the little lady would be
again In the slough of dependency. The
court had gone back on her. But there
was no such word as fail in her vocabu-
lary-and never has been either, while
budding young woman, q full blown
matron or an elderly lady. She was
bravely with every disaster. A legion Of
lawyers embarked In her case. She out
lived and wore them all out. Her path
for forty years was strewn with the
corpses Of ambitious attorneys, who
were confident OF winning fortune and
fame by bringing the Gaines case to
final Judgment. But the plaintiff never
turned from her path, never wearied or
paused, in her pursuit Of the great OBJ
ject and aim Of her life-to establish her
legitimacy and v1ndicate the faith Of her
father and the virtue of her mother.
1t was not extraordinary that such earn
estness and intensity should develop
sturdy and dauntlsss inIrepidity and
belligerency, which involved her in
many episodical conflicts with lawyers
and others.
It would require volume to sketch
never so specifically these various cpl
sodes, and the suits and scenes In which
Mrs. Gaines filled the leading part.
There never was 80 elaborate, intri-
cate and exciting judicial and legal
drama.
Finally, when her case seemed to be
desperate, two ingenious and able attor-
neys conceived new plan to revive
her claim. Grymes, John A.. Campbell,
Keene and a host Of other able lawyers
to bring her case to a favorable conclu-
sion. Undismayed by their failures,
these young advocates resolved 70 en-
bark on a new voyage Of discovery for
the long sought treasures.
They were T. Perrin and E. A. Bon
ford, who both died during our civil
war.
Their plan was to revive the suit to
probate the lost will. Since this ques-
tion had been passed on, thirty years
before, decisions had been rendered by
the highest courts in England and in
this country, sanctioning such proceed
young lawyers finally succeeded, and
Mrs. Gaines was permitted to prove the
lost will.
The witnesses were then living in ex-
treme old age. They were Mrs. Harper,
the relict of former judge of the United
States District Court In this city, and
the ChevaIier De la Croix, an octogena-
rian, who was led into court by his son,
himself an old man.
The Chevaller was bliad and infrm,
but he was true knight, and though
the probating of this will would render
null and void the title to nearly all the
property he held, he did not hesitate to
testify with distinctness tc the exist
ence Of such will and ;ts contents
shortly before the death Of his friend
Clarke.
By these witnesses the will was estab-
lished and probated, and thus Mrs.
Gaines was recognized as the heir and
universal legatee Of Daniel Clarke.
This proceeding took place few years
before the civil war.
Tb11a aprood for tho oonhot che