The morning call. [volume] (San Francisco [Calif.]) 1878-1895, 1892-07-29
a CELEBRATED CASE.

The literature of fiction contains no such
exciting story as that which was brought 10
a close on Monday by the payment of $685.
72S by the city of New Orleans to William
Whitney, representing the estate OF Mrs
General Gaines deceased.
In tie first decade or this century Daniel
Clark, a settler in Louisiana, was living in
the city of New Orleans with young
French woman Of remarkable beauty named
Zulime des Oranges. Zulime had husband
who was residing In France. BY her Daniel
Clark had two daughters. One died or dis
appeared before the story begins; the other,
Myrs, became an inmate Of the family of
Colonel Davis, supposed herself 10 be re-
lated to him and removed with him to
Philadelphia when her father died in 1913.
She was ignorant of her relationship to
Clark. He left large estate in property in
the city of New Orleans, which he be-
| queathed to his mother; from her it
escheated to the city of New Orleans.
IN 1892 Nyra Clark, or MyTa Davis as she
| called herself. married w. w. Whitney,
| and shortly afterward was made ac-
| Qualnted with her parentage. She was also
| told that just before his death Clark had
made a new ill acknowledging her as his
! daughter and leaving her all his property.
! Where was that will? II could not be
! found. ii never has been found. But sew
! eral persons testifying in court that they
! had seen it or heard it read, the Supreme
! Court Of louisiana received it as the last
/ VIII OF Daniel Clark and ordered it pro-
bated, though of the document Itself no trace
could be discovered
Myra's triumph was cut short by the dis
/ covery that by the laws of Louisiana a
testator cannot make deyises in favor of his
/ illegitimate child. This difficulty was over
! come by the testimony OF two women who
/ said they were aunts of Myra's, ana gave
! evidence that Daniel Clark had married
/ Zulime des Oranges 10 their presence in
Philadelphia in 1903. and the trifing circum-
stance that al the time Of the alleged mar
riage Zulme had a husband living in France
was disposed Of by testimony obtained in
France TO the effect that at the time of his
marriage TO Znlime Des Oranges had an
other wife living and consequently the
! second marriage was null and void.
Still the city of New Orleans refused to
| surrender the property. It produced evil
dence to show that 10 the day Of his death
Clark had refused TO acknowledge that he
was married to Zulime, aud That she had,
in fact, contracted q third marriage before
! his demise. Myra was not discouraged.
| In 1881 or 1888 her husband Whitney died,
| and in 1889 she married General Gaines of
! the United States army, a man Of large
! influence and vast energy, who took up her
cause warmly. Fifteen or sixteen years
were spent in lawsuits and negotiations
/ for settlements with The occupants OF the
property she claimed. In these she took in
| considerable sums OF money, amounting, it
| IS said. to many millions Of dollars. Thus
supplied with the sinews of war, she
renewed the fight in 1856 by filing bill Of
equity in the Supreme Court of the nited
| States against the city of New Orleans. 1t
took eleven years to try the case; but at
last, IN 1867. after the war, she got a judg-
ment for all the property claimed, with the
rents which had accrued on it and which
had been illegally collected by the city.
The real estate was then said to be worth
$35, 000, 600.
But the city still resisted on various
! pretexts and appeals on collateral points.
| Myra was second time willow. General
Gaines having died in 1889. But she fought
on. She displayed magHanimity toward
the people VINO occupied her lots, refusing
to bring ejectment suits against those who
were poor; but she was relentless - as
determination TO bring Greens e
account and 10 Wac. cate tGe memory 81
her mef'zc She Hss SIN lighting IN c5uri
...laT court VIXEN ceath overlook her IL 1855
al that time the cts % New Orleans was
under sentence OF masier in eha1eery &
pay her si,925 SCI With $3.50. 70T as interest
Her heirs aud the syndicate Of lawyers
= 10 had taken ~ the case OF a oe.,,in eeueT
fee, agreed to settle for lsss filan a gnill,on
and that sun, as love slated. was paid en-
Monday. ~r~>s
case LASTED aenfIy 60 years. and
almost every leading i4yysr OF the old day
was al enc time or other retained on o..
side or tbs oshey. Mrs. Gaines was
familiar figure in tie higher courts ard il
, ] social circles in New Orleans. ia ST L0uli
end IN TasDfl zton. Sre possessed ne sit
Of Masking frien0g. men OF all parties liked
|. her. II sis lad RI hese IS popular rs shs
vas she could aeyes base 5goHrnt her EonI
struggle 70 gicterioUs eadine. Bat Che
sinie has passed wnen the millions she con-
tended FOR can do her any good The tasdy
payment By the city Of New Orleans will be
digiasd by the LAWYERS.