Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1889-05-15
THE CELEBRATED GAINES CASE.

0dineS case, brings 10 conclusion one OF
the most famous lawsuits and legal con-
tentions known to our history and proba-
bly, has no parallel in the legal annals of
modern times. The Court affirms the de-
cision awarding the executors of the estate
of MyIa Clark Gaines the sum of $567 900,
to be paid by the city of New Orleans.
Myra Clark was the daughter of Daniel
Clark who came from Ireland to New Or
leans in 1776, where, thirty-three years
later, he inherited his uncle's valuable
property. He represented Louisiana in
Congress at one time and held o,her i'm
portant positions. He died in 1913, leav-
ing his property to his mother, who had
followed him from Ireland. His partners,
Relf u Chew, were his executors Reputed
to be a bachelor, he was also understood to
have had liaison with a beautiful mar
ried French woman, Zulime DIES Oranges,
and by her had two daughters One of
these, Myra, was born in New Orleans in
1902, and was cared for by friend of
Clark's and lived for years in the family
of Colonel Davis of Philadelphia and was
known as Myra Davis. By accident the
girl found certain papers among those of
Colonel Davis that revealed the secret of
her birth. In 1882 she married w. w.
Whitney of New York, through whose re-
searches, some of them very romantic, it
was discovered that Clark had made will
leaving his estate to Myra, Davis being
the witness to the fact, and that Clark
acknowledged the child. Other witnesses
were found also, some of them in Cuba,
and suit was commenced to establish
the right of Myra as an heir, and
years after, in 1856, the Louisiana
Court admitted the will to probate,
though in fact the document was never
1ound, but the proof that it had existed
was positive. The question was then
raised that an Legitimate child cannot in
herit in Louisiana, whereupon two sisters
of the mother of Myra were produced, who
testified that Clark and Zulime had been
secretly married in Philadelphia, in 1903,
Catholic priest having oficiated, and
Zulime having learned that her huaband.
des Oranges, at the time he married her.
had wife living, and therefore her mar
riage TO him was a nullity. That Clark
never published the fact Of his marriage
to Zulime, was due to his suspicion that
she was untrue to him. She finally de-
serted him and contracted marriage with
third husband. The suit instituted for
the recovery of the estate, which was now
immensely valuable, attracted wide at
tention throughout the country, because
some of the finest property in New Or
leans was involved and hundreds of homes,
and because of the remarkable vigor with
which the claimant prosecuted it. 1t is
saying among lawyers that there is no
record of equal persistence in any proceed
ing by single individual before an Amer
lean Court.
After legal struggle that has few, if
any parallels in romantic interest, the
Supreme Court Of the United States by
decree established the marriage of Clark
and Zulime and the legitimacy of Myra.
The death of Mr.. Whitney had left
the young woman for a time to
fght her battle against powerful interests
alone, brt in 1889 she married General
Gaines, distinguished soldier of the ma
ton who made the splendid defense Of
Fort Erie in 1914, and for which Congress,
Virginia, Tennessee and New York voted
him gold medals. He was foremost also
in the war with the Creeks and Seminoles
His fortune enabled Myra to pursue her
legal battles. Her legitimacy having been
established, Mrs. Gaines, in 1856, as stated,
began her action TO recover from the city
of New Orleans valuable real estate that
had been owned by her father, and in 1867
she secured judgment, the property being
then valued at no less than $50, 10000 600.
Up TO 1874 she had recovered of the city
and of private parties property to the
amount of 100000. But the greater
part of these immense sums failed to reach
the courageous claimant, nearly all of it
being swallowed up by costs and the fees
of the score or more of eminent law
yers OF the nation, who during many years
were related to the proceedings. In 1877
United States District Court, in one Of
the legion of suits brought, passed upon
the question Of the win again, and recog-
nized the legitimacy of the proceeding in
which it had been admitted to probate,
and commanded the city of New Orleans
to surrender the claimed property and to
account to a master for all its in
come during the years since the time
it had come into municipal possession.
Many other defendants were interested
in the decree. The Master in Chancery
some yeats later reported the sum still due
to be nearly two millions of dollars, with
over half million of interest From
this decision an appeal was taken in 1888,
and now final affirmation Of the rights Of
Mrs Gaines is made.
Under former decision she might many
years ago have turned out of their homes
over 400 people, but she refused to do so,
pursuing the city in preference to distress
ing these unfortunate possessors of the
property Many offers were made to her
to sell out her interest to those who would
have ousted the people without mercy, but
she remained firm against temptation,
though many times herself in want. General
Gaines left her a fortune, but it all went
in the effort to clear her mothers name Of