The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1877-04-22


under the decision But this will according TO the suit
entered in ls47. was invaha. First. because
in conformity win The law second, because Clark
made another aud hnai will IN 1918, which fulfilled all
the requirements OF the law OF Louisiana. making
Nyra Clark Gaines his sole legatee. and Mcssrs Belle
chssse De la Crox and Petot his executors This last
Will IS declared TO have been irauduenty withheld or
destroyed al the time OF Ciark's death and attempts
made TO ROB Myra OF her b:rthrlghL But Judge BIZ
nngs, in deciding her favor this point, seems to
have struck the very germ OF the difficulty He says
Thai TWO witnesses having read the win saw that Il
was signed and written In the handwriting OF Clark,
and that u was dated on one Of the days OF July 1903
sufficient proof OF It's existence.
AIRS. GAINES APPEARS A. HER OWN ADVOCATE.
After ner marriage to William Wallace Whitney, son
OF General T. Whitney, of New York. Mrs. Gaipcs be-
came Of origin and parentage. and IN 1854
the suits instituted and pressed with great vigo
gun lhrty-lve years ago IN the First District Court OF
New Orleans, that the principal interest rests On ono
occasion, us recently set iorth IN the New oreans
Democrat, there was u scene IN the court room when
will ever DO remembered by those who witnessed H.
A lady, IN the absence OF her counsel, assumed
tho task OF conducting and arguing her own case The
lady then IN the iull bloom Of matronly beauty
Petite OF hsurc but graceful and symmetrical, with
face OF intelligence and vvacity, OF fair ant rich
complexion, with eyes of gypsy brightness but mel
lowed by feminine scnsitvcncss and emotional Inteu.
sty with an abundance OF rich auburn hair taste
arranged elegantly aud faskonably aired and speak
ing In tones Of peculiar righteousness but with
thrilling earnestness and emphasis her appearance IN
the character Of advocate and counsellor III court
where females rarely seen ana from which Ia.
dies shrink with so much repugnnncc and horror could
PENDANTS OF court proceedings. The room was
crowded There was ui representation OF the
yers, clerks ana even judges deserving their
seats and thronging into tho FIRST District
court 70 swell the large audience which had been
called that centre Of attraction ny the svery tones
OF a womans voice Judge A. NJ Buchanan pro-
sided. he gentleman and jurlst, OF u high
spirit quiet temper positive IN his opinions, but gen.
erous honest and courageous in his bearing anu utter
auces the bench. The lady advocate addressed
herself TO jury OF grave sedate thoughtful Citizens
Sitting enough TO AID the speaker with s0gges-
tons and with papers was TALL aged military gentle
man. clad the full uniform Of general OF tho United
army, who appeared TO be entirely absorbed IN
the argument and 10 watch with intense interest every
gesture and expression OF tho LADY speaker,
ever and glancng around at the lawyers seated
at the table, Ut tho presiding Judge and At tho
quiet thoughtful faces OF tho Jurors. Over SIX feet IN
height, with remarkably erect and somewhat stl car
rage with face indicative OF great power OF WILL and
eyes flashing with courage ana defiance OF an OPP
poscs, with iron gray HAIR, brushed straight up from
broad brow-and standing erect In tho fashion OF
Andrew Jackson-it needed but the yellow bolt,
gold trimmings and sword by his SIDE 10 proclaim
tho position and identity OF this veteran
He was no less parsonage than Major
General Edmund Pcndct0n Gaines, the senior general
IN our army; tho hero OF the defence Of Fort Ere IN
1872, OF the most gallant affairs Of the war with
England and of many other victories; tho bosom
friend OF Andrew Jackson ard tho trusted agent oil
Thomas Jecrsor to arrest the person ana thwart the
plan OF conspiracy which Aaron Burr came TO
tho death Of Mr. Whitney, OF yellow fever, Myra
married the General In forming this alliance tho
duties OF hts life TO devote all his energies and means
the maintenance of the claims OF his vile and the
vindcaton OF the honor and character OF her father,
who had been his intimate frend
HE REPRovES THE JUDGE
1t IN the discharge of this obligation General
Guiucs appeared III court 10 support his vito IN
the prosecution OF her case. The lawyers retained Tor
her had been involved IN quarrel with the Judge and
had retired from tho court Lett alone without at
torIeys with OF tho most distinguished members
OF Bar opposed to her. General Gaines asked that
the Court would allow the lady to conduct her own
casp Sn no n Lore
General aud Mrs. Gaines.
The Judge objected the and style of tho lady,
and reminded General Games that he would DO held
responsible Tor her acts and language.
Tncrcupon the veteran rising TO his full height,
avowed his personal responsibility Tor everything the
lady might utter, IN any manner and ,orm IN
which gentleman could respond 10 such de-
mand Then gracefully touching his sword handle
he glanced at the lawyers on the opposite side against
whom Mrs Gaines had launched some pretty nery IN
vecve TO which His Honor responded with much
temper that no distinctions Of persons or sexes were
allowed IN tnat court nor would any men
ace OF authority IN official rank have any
influence be regarded with any awe or
Difference there. Thereupon General Gaines, bow.
ing low to tho Judge, begged to assure His Honor
that in appearing before him uniform and with his
sword he did SO in conformity to the regulations OF
the out OF respect Tor the Court NO one would
be more prompt TO draw his sword IN defence Of the
authority OF the civil tribunals OF his country and at
the risk OF his life 10 defend tho person and
the orders OF the judges OF The federal or State
government.
sNrBBNG THE JUDGE AND WINNING THE JURY.
After tins little III Mrs Gaines resumed her argu-
and cUntin ued II Tor TWO hours, until Interrupted
by the Judge, who ordered her To take her seat.
Thereupon the lady, appealing to the jury charged the
Judge with preJudgment oil her case, and pre-
scented the evidence the form OF Ger incate
from the United States Court OF "A motion once
maue by the Judge behalf OF the defendants ono
of the suits brought by Mrs. Games. This raised a
question OF recusaton, which the Judge insisted upon
being regularly investigated and tried before proceed
Ing iuriher The case was interrupted by the inter-
locutory proceeding pending which the court adj
journed.
The next day Mrs Gaines was preparing to attend
the Court, when messenger arrived with the Inor-
nation that the Judge In riding from the court
residences thrown from his buggy and his boulder
disocated. This accident caused delay OF TWO weeks,
at the end Of which Mrs Gaines again appeared In
court resumed her address TO the jury after wrangle
with the Judge on the question OF recusation ana pur
sued the close. The jury retired to consult on
their verdict which was quickly returned IN favor OF
Mrs Gaines.
FOLLOWING UP HER VICTORY.
Thcnccorward tue lady assumed personal charge of
her case, and has pursued the same with tie most
marvellous tenacy energy and fertility of resources
through litigation the most prolonged, complicated
and eventfu which has ever been prosecuted
in the Christian world With wonderful variety aad
huctuaiion of fortune aud results with decisions
constantly conflicting, and with an exnaus-
ton oi the resources OF talent and learn
lawyers OF the country, accommodating encyclopedia
OF records, oplnons, Judgments anu arguments, has
this cause been conducted with Underwriting con-
siancy ana heroic fidelity To the conclusion when Is
announced And though now u septuagcnarian, tho
little lady, bearing the honors OF her great triumph
with singular equabiiy, looks as fresh, active and
vivaclous she did when thrty-avc years ago, she
made her first appearance in court rs her own advo-
cate and counsellor.
JUDGE BILLINGS JUDGMENT
But to return To the decision. Judge Billings EVIL
IDENTITY believed the Will OF 1911, which annucd
by the later instrument OF 1913. TO have been fraudu
lcntiy presented Tor probate, and that the men who
presented II knew that II was not the .ast will and
testament" Of Daniel Clark. Mrs. Smythc, who
sucklcn Myra, saw the latter document aud re ID It,
.And." says tho Judge, I'm looking for the
testimony which might solve the question
whether such n Will had ever been executed
or not, rcasonab inquirer would naturally
Tor information those WHO were most With the
deceased the latter part OF his life aud especially at
they could DC ound) to those who were with hun
tho last moments of his existence, when the hand
of death him. such witnesses, II tncy
had interest M dvctng his property INTO any par
tcular channel might be considered as the best aud
most reliable that could be produced, and appears
he precisely testimony o tins character that the petit
toner presents IN support OF her application.
Ii appears that one Boislontaine had business rcia
tons with the deceased. which brought hun mo ire
qucnt intercourse with hun, and that tor the last two
Of his lie and TO the moment OF his deAlh he