A Famous Legal Struggle
The romance of reality lias seldom appeared soprominentlyas iu tho famous suit which Las renchcd a final decisión in New Orlcans. The proseentor, Mr. Myra Clark Gaines, first brouglit her case into the courts more than forty years ngo, and the time, the talk and the papers pertaining thereunto make Dickens' Jarndyce case rather a tame aff air in comparison. Nearly every American lawyer of the past half centnry ha sharpened or dulled his wito on this dispnte( eren when not stiniulated by a retainer ofa ëiiher skle, while hoste of able jurists have taken part iil the Btraggle nntil a higher court summoned them iilto another sphere with their labors unfinished. The plaintiff herself has on occasion appeared iu court as her own attorney. and by her wit and wisdom damaged the saying that he who is his own lawyer ha a fooi for a cliënt. The prize which Mrs. Gaines contested for was a doublé one. An enormous fortune and the greater satisfaction of established legitimacy gave the stimulus which has eustainedher through a straggle -WhkU few meu would have dared to attempt. Tlie conclusión of this celebrated contest calis up a flood of romantic incidents stlcli as even lawsuits seldom reveal. It portraj s the life of a woman devoted first to tlie etftblishment of her legitimacy, tlien the reclainatien of a vat fortune which had been by Vaiïott devices withheld from her. For nearly half n century has she foughtagainsttheadversitiesand vicissitudes of a litigant. Sometimes suffering from bereavement, deserted by friends, misled by grasping attorneys, left even to plead her own cause iu the presence of the ablest lawyers of Louisiatin before a captious and prejudiced Judfíe, she has never ceased to contest for those right of birth and estáte to whidh she laid claim. The dnst of years has tteciimulated npoü the volumes of evidence to support lief claim, and lie has grown gray in protestingagalnetthemiscarriage of jtistice which placed others in possession of her property, but finally she has achieved a grand trinmph, placing within her reach upward of $30,000,000 worth of property. Few people will be ungenerous enongh to begrudge her the completeness of her iritimph, and thousands of wornen who are the victima of similar circumstances, over which they had no control, will bless her for the persistence through which she has estoblished a precedent of which they can avail themselves. May she live long to enjoy the millions which, though long ago hers by right, she has so splendldly earned by her owu efforts ! mus. gaines' fibst apfeabance as her own advocate. After her marriage to William WallaCf1 Whitncy, son of Gen. T. Whitney, of New York, Mr, Gaine became aware of I her origin and püfentege, and in 1853-4 the suits were instituted allil pi(ed with great vigor. And it is in connection with these early attempts, begun thirty-fivo years ago in tlie First District Court of New Orleans, that the principal interest rests. On one occasion, as recently set forth in the New Orleans Democrat, there waa a scène in the court-room which will ever be remembered by those who witnessed it. A lady, in the absence of her counsel, assumed the task of conducting and argning her own case. The lady was then in tlie full bloom of matronly beauty. Petite of figure, but graceful and symmetrical, with a face of rare intelligence and yivacity, of fair and rich complexion, with eyes of gypsy brightness, but mellowed by feminine sensitiveness and emotional intensity, with an abundance of rich auburn hair, tastefully arranged, elegantly and fashionably attired, and speaking in tones of peculiar melodiousness, but with a thrüling earnestness and empliasis,' her ip pcarance in the character of an advocate and counsellor in a court, where females are rarely seen and from which iadies shrink witli so much repugnance and horror, could but excite a profound interest in the tisual attendants of conrt proceedings. Sitting near enough to aid the speaker with suggestions and with papers, was a i tall, aged military gentleman, ciad in the full uniform of a General of tlie United States army, who appeared to be entirely absorbed in tlie argument, and to watch with intense interest every gesture, utterance and expression of the lady speaker, and ever and auon glanciug around at the lawyers seated at the table, at the presiding Judge, and at tlie quiet, thoughtful faces of tlie jurors. Over six feet in height, with remarkably erect and somewhat stiff carriage, with a face indicative of great power of will, and eyes flashing with courage and defiance of all opposers, with iron-gray hair, brushed straight up from a broad brow - and j standing erect in the fashion of Andrew ( Jackson - it needed but the yellow belt, j gold trimmings and sword by his side to ! proclaim the position and ideutity of this veteran. He was no less a personage than Maj. Gen. Edniund Pendleton Gaines, the senior General in our army ; the hero of the defense of Fort Erie in 1812, one of the most gallant affuirs of the war with England, and of many other victories ; the bosom friend of Andrew Jackson, and the trusted agent of Thomas Jefferson to arrest the person and thwart the j plan of conspiracy which Aaron Buit came to this State in 1806 to put iu operation. After the death of Mr. Whitney, of yellow fever, Myra nwrried the General. In forming this alliance the gallant veteran assumed, as one of the most sacred duties of his life, to devote all his energies and means to the maintenance of the claims of his wife and the vindicatiou of the honor and character of hor father, who had been his intímate friend. It was in the discharge of this obligation Gen. Gaines now appeared in court j to support his wife in the prosecution of her case. The lawyers retnined for her had been involved in a quarrel with tho Judge, and liad retired i'rorn the court. Left alone without attorneys, with some of the most distinguished members of the bar opposcd to her, Gen. Gaines asked that the ceurt would allow the lady to eonduct her own caee. Some altercation ensued between the Jndge nnd Gen. and Mrs. Gaines. Tlie Judge objected to the tone and style of the lady, nnd reminded Gen. Gaines that he would be held responsible for hor acts and language. Thereupon the veteran, rising to his full height, avowed his personal responsibility for everything the lady might utter, in any manner and forni in wliich a gentleman could respond to such n demand. Then, gracefully touohing his sword liandle, he glanoed at tlie lawyers on tlie opposite sido, against whom Mrs. Gaines liad launehed some pivtty fiery invectivo. To which His Honor responded with much temper that no distinotions of persons or sexes were allowed in that conrt, nor would any menaco of authority in official rank have any influenee or be regarded with auy awe or deference there. Thereupon (ni. (Tilines, bowing low to the Judge, begged to assure His Honor that in npponrin lofor liim in uniform nnd with lus sworii ho did so in eonformity to the regulations of tho service out of respect for tne court. No one would be more prompt to draw his sword in defeuse of tlie authority of the civil tribunals of his country, and, at the risk of his owu life, to defend the person and execute the orders of the Judges of tho Federal or State Governments. After this little tilt Mrs. Gaines resumed her argument and pursued it to tho CÍO86. Tne jury rotirod to consult on their verdict, which was qnickly returned in favor of Mrs. Gaines. Tlieneoiorward the lady assumed personal charge of her case, and has pursued the same with the njost marvelous tcnocity, eiiergy, and fertility of re sourees, through a litigatiou the nioa prolouged, complicntcil, ertenave, aru cvontful which has ever bccii prose ented in the Christian world.
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Old News
Michigan Argus