Morris tribune., 1885-01-14
MYRA CLARK GAINES.
FIFTY YEARS OF LITIGATION ENDED
BY DEATH.
History of the Most Remarkable Case In
American Court Records-Cut Down
In Sight of the Prize She
Had Fought For.


It was announced that Mrs. Myra Clark
Gaines, the most famous litigant that had
ever lived, was dying. Investigation showed
that she really was very i'll, but that it was
expected she would live for some time. She
apparently rallied a little, but since Thurs
day afternoon had been sinking rapidly and
on Friday night at 10 she brsathed her
last, aged 50 years. She died ut the resi-.
denee of her old friend, Mrs. Davis, $50
Thalia street. near the corner Of Magazine
Her son-in-law, J. Y. Christmas, vas the
only one Of her relatives prsrent with her
He had been her constant travelling compan-
ion and advisor for years. She had been
suffering with pneumonia, aud throng hout
the day had been in semi mi-comatose rondi-
tion. She spoke several times to her son in
law and made known that she was aware
that her life 'as 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 city
of New Orleans has ever been tried in the
courts Of this country. The pla intiff, per-
son who has figured in the courts for over u
third of a century, was born at New Orleans
about the year 1905 Her father was Daniel
Clark, man of considerable prominence,
who, says Rossiter johnson, was
United States consul there before the
acquisition of Louisiana, and who repre-
sented the territory in congress in 1S06-S. He
died at New Orleans Aug. 16, 1913, and his
estate was disposed of under the provisions
of will dated May 20, 1911, which gave his
property to Mary Clark, his mother, who had
ell l.. n
Sligo, Ireland), and was then living at Ger
mantown, Pa. Clark's partners in business
were the executors. 1t was understood
that Clark was a bachelor, Lut it
was known he had liaison with young
French woman named Znlime des Oranges
while her raputed husband was absent in Eu-
rope. Two daughters were born to them,
one of them Myra, now young woman, was
a member of the family of Col Davis, to
whose care she had been consigned long be-
fore by Clark, and where she was known as
Myra Davis In 1880, while they resided in
Philadelphia, Davis, then in the legislature,
sent home for certain papers, and while Myra
was searching for them she discovered and
read some letters which revealed in part tAe
circumstances of her birth. Two years after
Myra married ". W. Whitney, of New
York, who prosecuted the inquiry of his
wife's parentage, and found proof that Clark
had made a will in 1918, just before his
death, giving all his large estate to Myra,
and acknowledging her as his legitimate
daughter. Soon thereafter suits were insti-
tuted to recover the estate, which comprised
sone of the most valuable property in the
Crescent city. On what was believed to be
rnimpeachable testimony, the Louisiana
supreme court in 1856 received the lost or
destroyed will as the last will of Daniel
Clark, though Of the document itself not
trace appeared. Then the question of
paternity was settled, when it was proved
by the two sisters of Myra's mother, one of
whom swore she was present at the cere-
mony, that Clark had privately married her
in Philadelphia in 1903, a Catholic priest Of
fciating, Zulime des Oranges having pre-
viously learned that her supposed husband
had a prior wife living and was not there
fore her husband. 1t was stated that Clark's
contemplated acknowledgment of the mar
riage was never effected because he had sus-
picions of her fidelity, and when she was de-
serted BY him She married once more The
in another suit that the fact of the marriage
and legitimacy was established. Whitney
dying, Ehis relict married Gen. Gaines, whose
name she now bears.
In the year 1856 Mrs Gaines fled in the
supreme court of the United States a bill to
recover certain real estate then in the pos
session OF the city of New Orleans, and nine
years after lin 1861 decision was rendered
in her favor, which su bstantially ended
this wonderful case. In 1861 it was;esti.
mated that the prop ertY claimed by Mss. |
Gaines was worth $25, ,000, 900, and up to |
1874 Mrs. Gaines had recovered possession Of
about $4,000, 900. In refer ence to the pres
ent status of the case we give letter under |
date of March 2S, 1884, from Mrs. Gaines, |
which appeared in The Boston Transcript OF !
April "a:
leave to say that the Gaines suit VS.. the city |
of New Orleans is now on appeal by the de-
fendent to the supreme court of the United
States.
On the Sd Of May, 1888, a Judgment was
rendered by the pnited States circuit court
tor the Eastern district Of louisiana in my
favor for the sum Of s., ,925, 600, with inter
est on portion that would increase the
amount to $4,000, 600.
The city being unable to furnish bond
for a suspensive appeal, to act as super
sedeas, took devolitive appeal on nominal
bond.
After that, the Judgment haying become
final, my colinsel applied for Writ Of man
namus, .ord dering the city to proceed and |
levy tax to pay the same According to
practice, rule nisi issued, ordering the city !
to show cause at a day named why man
damus should not issue. On the hearing the |
court ruled adversely to the city and ordered |
the writ to issue.
From this decision the city took suspen- |
sive appeal on bond of $50, 900 to the |
supreme court Of the United States. By |
this action you will perceive how the case
now stands. 1t keeps me- from two to thpee
years out Of the realization Of my long. |
fought rights,
The judgment is for the rents, revenues,
and values for use Of properties that were
Illegally sold by the city to the numerous
defendants, and who are entirely unable tc
On the decision Of the supreme court de-
pends my all and very hope. For that de-
cisio1 i wait with my usual patience, trust
ing It will be to me favorable one, and /
thus end the Gaines litigation. wm
q Mrs. Gaines made her will three days ago,
but was too week TO write hsr maine aid