The Red Cloud chief., 1877-05-24

BED CLOCD. a.
The History Of q Lawsuit Involving Q
Part Of the City Of New Orleans.
A dispatch from New Orleans an
nounces that Judge Billings, Of the
United States District Court at that
place, has rendered q decision in the
case OF Mrs. Myra Clark Games who
claims several millions Of dollars worth
of property in that city. in favor Of the
claimant. This is a phase Of one Of the
longest and most interesting lawsuits
in the annals Of American j~urispru-
dence. The history Of the case is briefly
as follows: Mrs. Gaines is the widow
Of General Edmund Pendleton Gaines,
g and was born In New Orleans in 1906.
Her father, Daniel Clark. was born in
the County Sligo. Ireland, in 1766 and
emigrating to New Orleans, inherited
a considerable property from his uncle
in 1890. Before the acquisition Of Lou
isiana he was American Consul there,
and represented the Territory in Con-
gress in 1905. In August, 1918, Daniel
Clark died, and his property was dis
posed Of under q will, dated May Goth.
1911, which gave the bulk Of his estate
to his mother, Mary Clark, who was
then living in Germantown, Pa. He
was also supposed to be a bachelor. but
was known to have had a "liason" with
very beautiful young Creole, Zulime
des Oranges. Two daughters were born
of this connection, one at Philadelphia
in April, 1902, and the other, Myra, at
New Orleans in 1905. The latter was
taken to the house of Colonel Davis, a
friend of, Clark's, nursed by a Mrs.
Harper, and grew up in Philadelphia,
where she was known as Myra Davis.
aa In 1886, Mr.. Davis, being then Q mem
Der of the Pennsylvania Legislature,
sent home for certain papers. and, in
searching for these, Myra discovered
49, soma letters. which partially revealed
- : - the secret of her birth, and laid the
foundation of the lawsuit which has
= since become famous = %r !
In 1892 she married w. w. Whitney,
of New York, who in following up the
discovery made by hisAwifa secursd
- hpm Coldnsl DsSisah old leeter which
gave an account of a will made by Clark
in 1sl3,just before his death. gfYiny all
his large estate to Myra, and ackn6wl-
edging her as his legitimate daughter.
-aaas Mr.. and Mrs. Whitney went immedi.
ately to Cuba, and there, after a long
search, discovered the writer of the
letter, and, with the aid of evidence
given by him, began suit in New Or.
q leans for the property of Daniel Clark,
~ which had in the meantime become i'm.
mensely valuable, and included a great
part of the present business quarter of
the city. On the trial of this suit the
Mrs. Harper above mentioned testified
that. four weeks before his death, Clark
showed her the will he had made in
favor of Myra, ard acknowledged the
@.E chilfs legitimacy. Baron de Boston.
tame testified that Clark had made the
same statements to him. On this and
other corrObOratlve evidence the lost
will was received bv the Surname r,n-t
OF louisiana, Oh February 16. 1855. "A
{& the last will and testament of Daniel
Clark, though the document itself could
not De found. The objection was then
interposed that by the laws of Loui.
slana a testatOr could not make deyises
to his adulterine bastard. On this point.
rs however, two sisters of Myra's mother
testified that Zulime des Oranges was
privately married to Clark in their
presence in Philadelphia, in 1903, by a
Catholic priest, it having been learned
that Zulime's reputed husband, Des
oranges. had another wife living. and
was therefore not legally married. In
announcer suit growing out of this diff
nculty the United States Supreme Court
decided that the marriage and leeiti-
macy of Myra was established.
In the meantime Mr.. whitney died.
and his widow married General Gaines.
whom she has also outlived. Assisted
by the General, Mrs. Gaines continued
her litigation, and in 1856, in the Su.
preme Court of the United States. filed
bill in equity to recover valuable real
estate, then in the possession of the ctv
eEsS4eo ieNew Orleans and a decision in her
favor was rendered in 1867. The value
OF the property claimed was estimated
In 1861 at S35.OOO.OOO, of which Mrs
Games had up to 1874 obtained possess
SION OF some $6yOO0OOO., Numerous
actions OF eject1nent against individual
parties have followed, and it is no doubt
one of these that Judge Billings has
now decided in Mrs. Gaines favor.
The heroine Of this romantic story ia
a little black-eyed lady of over seventy,
who stin retains traces of former un-
& common beauty. She Is web educated
quick and courageous. Hsrslong and
varied experience in the law courts has
"a given her alegal. eduoation of no mean
character. On several occasions, and
notably in the Supreme Court of the
- United States, in 1881, she has pleaded
her own cause personally and with re-
markable success. Though at the time
OF General Gaines death a wealthy wo-