The New Orleans daily Democrat. [volume] (New Orleans, La.) 1877-1880, 1878-05-31
THE GAINES CASE.
THE PARCHMENT PLAN BEFORE THE
MASTER IN CHANCERY.
Several witnesses Assert Positively that
1t is the Identical One Abstracted
frnIn the NNfarIal Archives.

several witnesses Assert Positively that
it Is the Identical One Abstracted
from the NOtarial Archives.
Yesterday. before Master in Chancery Sa
,ourin. came up the question of the identity
II the parchment plan produced In evidence
II the Gaines case to show the liability Of the
city to Mrs Gaines as the heiress Of the late
Daniel Clark, for the use of the plot OF ground
upon which the Bretonne market stands, Tho
case being such an important one, involving,
as it does, something like $4,000, which Is
claimed from the city, and, besides, rbssibly |
opening an avenue to the proof OF sgme as |
founding revelations in the future, Mat we
deem it proper to rehearse the matter in it's
principal features. The courts having settled
THE CELEBRATED GAINES CASE,
in favor Of Mrs. Myra Clark Gaines, it be
came necessary to establish exactly what
constituted the Clark property Among tn"
land claimed there is what used 10 be n TRAN
gular piece Of ground in front Of the residence
Of Daniel Clark situated In the angle formed
by the Grand Route st. John and the Gentilly
Road of to-day, and the apex Of which touched
what is now known as Dorgenos street.
Since 1887 a market-house known as the Bre
ton Market has been built upon this plot. 1t
is, therefore sought to claim from the city the
value Of the property, rents, interests, etc, on
the same since it has thus been occupied by
the city, which, as said above, would amount
TO ABOUT $4,000
The city, however, enters disclaimer Of
title and possession and the purpose Of the
Gaines party is to prove that the city holds
4 b, fo tn ~ ruk ID nI
by the defense. Incidentally
PARCHMENT PLAN
is brought in evidence to establish the lines Of
the Clark estate. Surveyor d d'HenecouTt has
no sooner laid his keen and experienced eye
on the map than it suggests an examination
Of the notarial archives at the City Hall, and
| 10 he discovers that deposit plan filed
| in the book OF the month OF June, 1909, OF the
| records Of T. PedesclauK then O notary pub
| lie for this parish, is missing, and that there
are evidences that it has been torn out of the
bound book. On referring again to the
"parchment plan" he finds that it is PACED
2t4, which page is missing from the notarial
| record. He also finds, on comparing the said
| plan with q copy Of it which tie made himself
| in 1875, when ne was a deputy surveyor. that
it is the plan distracted from the records Of
| Peesclaux and that the words Place Bre-
| tonne" have been
| WASHED OFT OR ERASED.
| from it's face. And this is what the defense is
now endeavoring to prove TO the satisfaction
Of the court. The object is, as we understand
| it, that If upon plan deposited by Daniel
| Clark himself, the plot Of ground IN litiga-
| ton was labeled "Place BretOnne" it Is self
evident that the land had either been donated
or abandoned by Daniel Clark as public
| 'fplace,' and hence became public property
| which naturally fell to the custody Of the
municipality. We have already said that thf
master in chancery has submitted the plans
to Judge W IL whitaker ana 10 M r. Douglas
West. and that both nave declared that they
could see no evidences of erasure upon Its
face.
The examination before the master yes
terday was, however, dlaInetrlcally pppnSiF
Among tile WITNESSES ws W T. hi,Int" h..lo
thn notaria, records, MT, Hero recognjzet
no narrhYnent which ne said ne knew very
vol having eya,ninnd II frenuentIv willis
thr hook nf records was in his mlst1tiV. aut
~, ~ ma 1,,as bn said The Man which " n
Wilder who We Understand claims owner
ahin of tbe nlsnl usnd tn come and exa1nin.
fe.r the rlan in the book Of records which
'''o P'''i - W..
IL fii'ho hAA'iha'
| and he showed where the binding thread II
the book had been cut in several places, am
how the seams corresponded exactly with tn
r punctures in the parchment plan at its bind
: ing crease; then to the pagnatiOn and agai
: to what he was convinced were the traces Q
$ lines indicating marshy ground, and extending
J over the triangle no" occupied by the breol
Mafkrt, alI Wicn hai sVI,'ilIly p.ti ellace.
. mont nIan was In the BOOK Of Record With
niTtv p daDe rTior tn bis tnrnino over the re-,
: orde tn bis Successor in Office Mr. Bende,
nane, ntn9 - - 'l',,''
Snrvovor d,IIeroecourt was the NEXT vii
noes &C. eranined bia evjdnnce beng sinjIa
TO that Of Mr. Hero regardinp the identitv
. ~ rarhrnan+ ,an ffcrad in eyidenre hu IN
y ci, t.t hat from wbirh no Mr. dHs
= = ynennlrt made a nonv in is7:, and which COO
was offered in evidence by j. j. Mcdonnell
Es9 Es, o,, nonnsej II for defendants Mr.. dHeros
nn,,trf then aeee,tnd that the traces nf t'h
tSJnapob Iinee" were atiii Visible
MAJ Oh ''"'7 ".lY 7v,', all'lg
:, TO HIS NAKED EYE
on the parchment plan, as well as some
the letters which had been erased or washe