The Brookhaven ledger. (Brookhaven, Miss.) 1875-1883, 1877-04-05

| had exhausted their powers III lAe ea'A
to bring her case to favorable conciu-
sior. Undismayed by their failures
these young advocates resolved to en-
bark on q new voyage OF discovery fof
the long sought treasures.
They were f. Perrin and d, A. Bon
ford, who both died during our clWi
war
Their plau was to revive the suit to
| probate the lost will. Since this ques-
ton had been passed on, thirty years
before. decisions had been rendered by
the highest courts in England and IL
this country, sanctioning such proceed
ing. 1t WAS vigorously opposed, bn'
the young lawyers finally succeeded
and Mrs. Gaines was permitted to prove
the lost will.
The witnesses were then living IN e1>
treme old age. They were Mrs. Harper
the relict OF former judge OF the U.
8. District Coart in this city, and the
| CheyaI;er De Ia Croix, an octogenarian,
who was led into court by his son, him
self an old man.
The Chevalier was blind AMI iniirm
but he was a true knight, and though
the probating Of this viii wonId rendel
null and void the title to nearly all the
property he held, he did not hesitate tt
testify with diStinctne8s 20 the existence
of such q will ard its contents shortly
before the death Of his friend Clarke
| By these witnesses the will was estab'
lishea 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.
Thus armed for the combat she conl'
menced various suits against holders oi
the property Of her father, which had
been sold under the old aid void will.
She had now standing in court. These
suits were prosecuted with increased
zeal and vigor and various fortune.
/ Sometimes she obtained Judgments,
and they were appealed or their ezecu-
ton prevented by side suits aud Other
contingencies of all law suits. Some
! times she WAS nom suited, and at times
appeared to be utterly routed, but again
revived and reappeared in the arena,
always cheerful, sarguine and untlring.
Finally, by some crook of the law,
the Judgment of the Court OF Probate,
admitting the will Of 1918, was ordered
to be reviewed, and came up before
Judge T. Wharton Collens, one OF the
most learned and patient Of our judges.
After long argument, Judge Collens
reversed the decision rendered twenty
veals before by the Supreme Court, and
! refused to probate the will.
On appeal, This decision was affirmed
by the late SaDrcre Court, Ludeline
presiding.
Here was a sad aud dismal conclusion,
d Anal and fatal extinction OF all Mrs.
Gaines fond and bright hopes aud
dreams.
How could she ever recover from
this blow?'
lastly enough" suggested her in,
genious lawyers, 'transfer the case to
the United States Court.
This is the common remedy employed
by all lawyers vino see no chance oi
success in the State courts. A conflict
arose between the two jurisdictions.
which was finally compromised by al
understanding, or decision, that the
verify and legality Of the will might be
questioned and disputed by all parties
whom Mrs. Gaines might sue on titles
based on said will.
Aad this is the issue now joined il
the United States Court in the variou;
suits which were closed, as to the argu-
ment, on Saturday last.
This argument was attended by Mrs
Gaines and a number of her lady
friends, who evinced a profound inter
est in her suit. As for the little lady
herself. she was absorbed in every ut
terance of the lawyers who conducted
the argument, and her expressive coun
tenance and bright Gipsy eyes flashed
and glittered with spirit, intelligence
and enthusiasm, with every sentence
and idea that fell from the learned ant
at times very prosy lawyers.
The argument turned chiefly upol
law points. Could lost Geographic
will be proved by persons WHO had seer
il or heard it read twenty years before
they testified? Must they not (Snd th''
WAS the vital point swear to the d"t'
and the year according to the exac
terms of the law? The witnesses ha'
not stated the date.
On this slender thread hung tn
whole case and the fortunes OF the IN
defatigable little lady who has nov
reached her seventy third year, un
wearied and undismayed by fifty year
of incessant litigation.
Wr. W. r. Mills, for Mrs. Gaines
maintained and argued the legality o
the probate of the will with great aoili
ty and large display of learning MI
Mcdonnell, who, from stripping, ha
grown gray and middle>aged IN the re
sistance to Mrs. Gaines claims, replie
with elaborate and inexhaustible KNOW
edge of the law and the facts OF tn
j., case.
Mr.. John Fl. New closed the discus
sion in speech of remarkable powe
and eloquence. An interesting inclden
marked the delivery of this very IN
, genious speech.
In his introduction Major New re
ferred to the lady plaintiff in terms c
chivalric admiration and respect as on
L tn