The Rock Island Argus. (Rock Island, Ill.) 1877-1885, 1885-01-12
MYRA CLARK GAINES.
FIFTY YEARS OF LITIGATION ENDED
BY DEATH.
pistor, of the Most Remarkable case IN
American Court Records Cut Down
in Sight of the Prize She
Had Fought For.

NEw ORLEANS Jan. l2-Some days since
Il was announced that Mrs Myra Clark
Gaines. the most. famous Htgant that hal
aver Ii yati. was diving. Investigation showed ,
that she really was very ill, but that it was
exrected she would live for some time She
a epuarently rallied little, but since Thurs
day afternoon had been sinking rapidly ana
On Friday night at LILO she breathed hef
last. aged 50 years. She died at the resi-
ience of her old friend, Mrs. Davis, l50
Tbalia street, near the corner OF Magazine
Her son-in-law, ]. Y. Christmas was the
,nly one of her relatives present with her.
He had been her constant travelling compan-
ion and advisor for years She had been
suffering with pneumonia, and throughout
the day had been in semi -cOmatose condl-
ton. She spoke several times to her son IN
law and made known that she was aware |
that her life was approaching its end. she
rallied sufficiently during the day to con
verse with her notary relative to her Will, |
which, it is understood, she made before her |
sickness.
No more celebrated case than that of the
widow of Gen E. - Gaines against the clty
of New Orleans has ever been tried In the
| courts OF Jn4S county nc t'i't hAAI4+-t r.
son who has figured in the courts for over
third of a century, was born at New Orleans
about the wear 1895 Her father was Daniel
CLARK, man of considerable prominence,
who saws Rossiter Johnson, was
limited States consul there before the
ACQUISITION of Louisiana, and who repre-
sented the territory in congress in 1868. He
died at New Orleans Aug. IL, 1878, and his
estate was disposed of under the provisions
of a will dated May 20, 1871 which gave his
property to Mary Clark, his mother, who had
followed him to America (he was born In
Slioo Jrelandl and was then living at Ger
mantown, Pa Clark's partners in business
were the executor. It was understood
thatslClark was bachelor, Lut 1t
was known he had liaison with young
Frepch woman named Zulime des Oranges
while her reputed husband was absent IN Eu-
roma Two daughters were born to them,
ona of them Myra now young woman, was
a member of the family of Col. DAVIS To
whose care she had been consigned long De
fore by Clark, and where she was known as
Myra Davis. In 1879, while they resided IN
| Philaael,hia- Davis, then in the legislature,
sent home for certain papers, and While Myra
was searching for them she discovered ana
} read some letters which revealed in part Is {
y. circumstances Of her birth Z Wo years aftel
Mvra married W. W Whitney, of New
York, who prosecuted the inquiry OF hi
vffe's parentage, and found proof that Ctafi
had made a will in 1913, just before HI
death giving all his large estate to Alyra
and acknowledging her as his Legitimate
daughter Soon thereafter suits were lll36l
tinted to recover the estate, which comprises
snae of the most valuable property III tn
Crescent city. On what was believed TO b
pninpeaohable testimony, the Louslan
suurarne court in 1856 received the lost o
DESTROYED will as the last Will OF Dame
Clark though of the document Itself n'
trace appeared Then the question
nsterpity was settled, when it was prove
by the two sisters of Myra's mother, one
whom swore she was present at the Ger
mony. that Clark had privately married he
in Philadelphia in 1903 a Catholic priest O
fciatlnr. Zuiime des Oranges having pr
yiously learned that her supposed huspaf
had a prior wife living and was not thef
fora her husband 1t was stated that Clart
contemplated acknowledgement OF Inc ma
riaee was never effected because he had ST
picions of her fidelity, and when she was {
serted by him she married once more.
spnrpme court of the United States decid
in another suit that the fact of the maria
and legitimacy was established. nun
diving ,Ehis relict married Cen 6alnes, WIZ
name she now bears.
In the wear 1856 Mrs. Gaines filed III
sunreme court of the United States bill
recoyer certain real estate then III the
session of the city of New Orleans, ana n
wears after lin 1861 decision was render
in her favor, which su bstantlaHy eh'
this wonderful case. In 1861 it was
+. mated thnt the propert claimed by
Gaines was worth S3S 00O, 900, and up
sn7 1874 Mrs Gaines had recovered possession
about Sc 900, 900. In refer enee TO the p
ent status of the case we give letter un'
date of March 26, 1884, from Mrs. Gan
which appeared in The Boston Transcript
April IA:
In compliance with your request
leave to say that the Gaines suit vs. the
Of New Orleans is now on appeal by the
fendent to the supreme court OF the bh
States.
On the Sd of May, 1888, Judgment
rendered by the United States circuit ct
for the Eastern district of louisiana IN
II favor for the sum of 81 ,95, O00, with III
- est on a portion thab "ouiA l1't''oo
amount to 81 000, 900.
The city being unable to furnish |
for a suSpeDsive appeal, to act a. Il H''
sedeas, took a devolitive appAal on nom
bond.
After that, the Judgment having bee
final, my counsel applied for writ OF =
damus, ordering the city TO proceed
levy tax to pay the same, Accordlr
practice, rule nisi issued, ordering the
to show cause at day named why
damus should not issue. On the hearins
court ruled adversely to the city and ord
the writ to issue.
From this decision the city took slls
sive appeal on bond of S5o,oOo TO
otel supreme court of the United States
this action you will perceive how the
- now stands. 1t keeps me from two to
wears out of the realization OF my
fought rights.
The Judgment is for the rents, reve
and values for use of properties that
illegally sold by the city to the NUM-
defendants, and who are entirely unah
pay.
On the decision of the supreme couri
nenls my all and very hope. For thai
cision wait with my usual patience, |
ing it will be to me favorable one
thus end the Gaines litigation.
:, Mrs. Gaines made her will three days
ii. but was too weak to write her name
signed it with cross.
DAVIS The Case VIII so On
" AsHINGToN CITY. Jan. 12-The he
the death of Myra Clark Gaines ws