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About Capital city courier. (Lincoln, Neb.) 1885-1893 | View Entire Issue (July 5, 1890)
CAPITAL CITY COURIER, SATTRPAY, JULY s, 1890.
A GKEAT BATTLE ENDED.
THE HEinS OF MYflA CLARK GAINES
ASSURED OF A FORTUNE.
Xliey Win IIib I'lnnl SlniRule with tli
City of Ntw Orleun ami Aro Now
Kntllli'.l to Orrr Ilnlf Million f
TI10 other day JiiiIko DIllltiKi, of tho
United Statex circuit court, took notion
which jirucHciillj- utuln tho limit famous
lawsuit of the country. Ho overruled ex
ceptions to thu nuwtcr's report in tho
Gallic awe. nnil gave judmnent ngulait
M18S MVItA CI.AIIK.
New Orleiiim. Sonm month uo tho nm.v
ter in chancery at tho city mimed, pursunut
toinonlcrof thu United State- supremo
court, nwiirded 5TD,707.iy to the heirs of
Mrs. GaliicM. Auumlierof exceptions were
takcu ntul desperate elTorta were made by
tho city to have the amount of thu Judg
ment reduced. All hut two of these ex
ccptlonx were overruled in JiiiIko Hillings'
decision. Thexu two Involve tho sum of
$10,501 court casts. Deducting this, tho
amount of the judgment ngiilimt the city
nnd In fuvnr of Mrs. (tallies' heirs remains
over W00.000, with interest from Jan. 18,
1681, at tho rate of 5 per cent. The &70,
707.02 mentioned nhove is the sum allowed
tho heirs by tho United States Hiipremo
court In May, 18bV.
Tho casu came Isifuro that lndy on ap
peal from a judgment entered in May,
1883, by tho United States circuit court at
New Orleans, underfill) terms of which tho
city was declared to lm Indebted to Mrs.
Gaines to tho extent of $l,tU3,0(7.8.1. Judge
Hillings had issued an order seizing nil
money In tho hands of the mayor, and di
recting the city council to levy a tax of a
per cent, on nil tlio property of thu city to
pay the Judgment. An appeal was taken,
MltS. (I.VINKS JUST AITKIt MAIIIIIAOE.
nnd tho printed reconl itcntto Washington,
bound in one iramciiM) volume, weighed
over 200 pounds nnd contained 11,000 pages.
Mrs. Gnlnes died in. Jnnunry, 1875, before
tho enso lmd been submitted on flnnl argu
ment, nt tho ago of 70.
It is n romance oft told, but always in
tercstlnii tills story of ii woman's lifelong
battlo to establish her legitimacy and n
right to her father's estate. As now proved
by tho rullug of tho courts after nearly
sixty yenrs of litigation Mrs. Gaines' his
tory is tills:
Sho was bom Dee. 31, 1800, at New Or
leans. Her mother was Mary Julie Car
rlere, otherwise known as Mme. Xulimo,
and her father was Daniel Chirk, a well
known resldeut of the Crescent City. Five
days after birth the infant was placed in
tho family of Col. 3. II. IX Davis nnd did
not know her pareutago until 1832,'when
sho married William Wallace Whitney.
Although a loved and loving hrido she
could not rest.ujulcr the Imputation of
illegitimacy and tho feeling that sho was
tho victim of causeless injustico and
promptly sought legal redress.
Her fathor'H estate had been divided ac
cording to tho provisions of n will mudo In
1811, but in her first suit, brought in 18.11,
Mrs. Whitney claimed the existence of a
llltS. DAISES JUST IlKKOItK DEATH.
later deed of lieuuest executed In 181U. On
this document and on the proposition that
sho was a legitimate child she based tho
great contest that lasted longer than her
life. Thu defense was desperate from tho
start. Young Whltne) , Myra's husband,
was clapped In Jail for criminal libel. After
his relcaso he died from yellow fever and
the widow married Gen. Edmund Pendle
ton Gaines, tho hero of Fort Erie, and thu
becoud In command of tho United States
army. Ho and Daniel Clark had
been bosom friends. He espoused his
wife's cause with thu enthusiasm
of implicit hcltof, and in tier behalf ex
pended his entiru fortune of &00,(XX). Ho
tiled in 1877, and Mrs, Gaines went on with
the light alone and unaided. Shu was sin
glo against a city, but shu won. At tro
polls shu defeated by her eloquence tho re
election of judges hostile to her Interests,
nnd in the courts shu met defeat undis
mayed. Sho died before tho final victory,
iirY vJrl 1
'but not before tsU"j!L'jnij ti teiioiiiihii!
uess of lier claim and tho lion .tv of her
Tho propet ty Involved includes a bin; m.c
tlou of the city of New Orleans, which hud
passed in due course of purchase to thu
municipality through deeds from the in
heritors under thu llrst will, now declared
to lie void lly her two marriages Mrs.
Gallic had llvu children, three of whom, n
son and two daughters, reached adult
years. The son, William G. Whitney, wns
killed by ids brotlier-ln-law, James V.
Christmas, uluo years ago. Thu latter wits
acquitted on the ground of self defense.
Tho heirs nlivo today include six grand
children and a daughter-in-law Mrs. Har
riet h. Whitney.
Some time ago a New York paper told
an anecdote of Mrs. Gaines that Illustrates
her chnructer. It was In tho last days of
h'er life when sho was so poor that sho
could not iilTurd street car fare that a syn
dicate of siH-culaUiro offered her several
hundred thousand dollars for an Interest
in her claim. Mrs. Gaines stated one side
of tho case to them.
"Tho people who occupy tills property,"
sho said, "bought it in good faith from thu
city of Now Orleans, which guaranteed
tho titles. Now, supposo the city should
say to you, as It lias to me, 'Wo cannot
como to thu relief of these people lseause
tho northern carpet baggers have depleted
tho treasury,' what would you do then?"
"We would tako tho property," wits tho
"Then," Mrs. Gaines rejoined, "I de
cline your proposition. I havu made a vow
to my heavenly Father that If ho would
sustain me in this great battlo of more
than fotty-slx years' duration I would do
vote thu remainder of my life to doing all
the good 1 could with my money. Ho has
answered my prayer, and before I would
do this thing which you ask I would glvo
up everything and ls'g my bread from
door to door,"
Tho pictures of .Mrs. (Jalnes herewith
presented tiro from nuthentiu sources, and
show the famous litigant as she appeared
when a girl, when thu bride of Gen. Gaines
and when a lonely but undaunted old win
man of 78.
A VETERAN STENOGRAPHER'S DEATH
Tim 1ahk Career nf Mr. .MeKllinnu im nil
Mr. John .1. McHlhoue, who died at At
lantic City, N. J., recently from nervous
prostration, was for many years at tho
head of the olllclal stenographic corps of
the house of representatives The session
of this summer was thu forty-ninth in
which he hud superintended nnd directed
the verbatim reporting of congressional
debates. lit- was, accounted tho llnest
shorthand writer in the country, and was
probably tho only on'o who could work
equally well with either hand. In report
ing on tho lloor of tho house lie often, to
rest himself, used
to shift Ids pencil
from ills right to
his left hand, or
the reverse, vlth
o ut interrupting
Ills speed. During
lilt' long career as
reporter he was
ated with many of
men In public life,
and was possessed
nf ii fmwl tt I..,...
estlng Inform..- J' J' ,iUlolftl
tlon. lie reported some of tho greatest
speeches that have liecn made In congress,
and did some lino work In tho tumult and
confusion during the electoral count con
troversy Ho was necessarily perfectly
familiar with parliamentary usage, and
Ills knowledgeof suveral foreign languages
was occasionally of great udvnntago to
When a inure boy he reported debates in
the senate, and Ids pen handed down to
posterity the utterances of such men as
Clay and Webster. From there lie went
over to tliu house as an employe of Tho
Congressional Glnlw, which subsequently
gave place to thu present Itecortl. Ho was
thu Washington correspondent of Tho
Philadelphia Press when that paper was
flrht started, mid wrote letters for It for
some time after he began taking the pro
ceedings of the house. Hu was born in
Philadelphia, and was a great friend of
the late Samuel .1. Ilundall, whosu death
affected him severely. Mr. McKlhniiu left
a wlfo nnd a family of ten children, ono of
whom, a young man of 'JO years, Is a good
stenographer and has a position on thu
The Soup Well Applied.
Theleadlng lady of an amateur tlieatricul
tompiSny at Hloomlleld, la., has by one act
achieved a sensational fauiu many a pro
fessional might envy. Thu other night sho
discovered some of the "Johnnies" of thu
iiiiuuei iieepiug into ner ilre.sslng room.
Loading a property pistol with a blank
cartridge and soap sho let lly at tho party
and brought down a person named Tool.
The young man, whosu flesh was filled with
soap and his soul with wrath, caused thu
girl's arrest, but on learning the particu
lars tho Justice dismissed thu suit, with a
severe lecture to.thu young man, and In
timating that he may well feul satisfied
that there was nothing more solid in tho
Tint Thunder mill l.lhtnliiK.
Pointers on thunder storms now being
in order thu following from thu Cincinnati
Kuquirer may l)o of interest: "If you can
count three slowly that Is, one count to
thu second between tho flash of lightning
and thu peal of thunder, you may know
th.it destruction has not been wrought in
your own locality. Tho flash and thu crash
are renlly simultaneous, only the light of
thu former travels much more swiftly than
thu sound of tho latter. If It takes three
seconds for tho noise of thu thunder to
reach you then the storm is !I,U70 feet
two-thirds of a mile away. Hut when thu
flash and the eal comuclosu together then
shako yourself to sou If you are hit."
ills I.lfo Nuvt-il by u llojf.
Tho city solicitor of Wilmington, Del., is
a very short sighted lawyer named Henry
Clay Turner. Besides defective vision Mr.
Turner is troubled with Insomnia, and
when unable to sleep walks tho streets late
at night. Karly one morning recently he
full otr tho wharf into Christiana creek,
and only for thu Incessant harking of a
llttlo dog on thu deck of a schooner would
havu drowned. Thu barking of tho dog
aroused tho captain, and his peering and
whining over thu edgu of thu boat enabled
tho captain and a sailor to locate tho man I
in tho water. In this way Turner wiw res
cued just in time to savo his life.
Sailor hats of line white straw with IiIiih
hands and narrow brims are worn during
tho present summer by Princesses Maud
and Victoria of Wu'oi,
wfiPSst w ill
' ' - I T
Itunlctlc THU About mi l.'trleuce Tluit
Ho Once- limb
Your mission is to innko tho world
about you a llttlo brighter and happier.
If you haven't thought of any other way
of doing this penult inn to suggest, If
you have u little plnoo In tho country,
that you should keep lions. By nil mentis
keep liens. I don't keep lions myself. 1
am fond of wy missions! but my neigh
bor does, and tho amount of sunslilno
tlint man throws across my daily path
would bo hard to estimate. .Many an
hour that would otherwise drag heavily
uwny Is lightened witli smiles by tho
amusing nnd at times thrilling and ox
citing drama of "The Man and tho Hen."
To watch him como out of tho house
to drive an old brown hen into tho hen
nery I made up my mind that sho was
an old imbecile tho llrst time I saw her
lly upon tho fonco to lay an egg to note
tho delicato shadings of thought nnd
action fronuoasy, graceful confidence to
sober earnestness, thenco to calmness,
then to seriousness, that deepens into
dead earnestness, which pussen into
deep rooted and eternal resolution, with
indications of conscious indignation,
giving place to irritation nnd human
anger, which in 4 urn nnd at last hwouih
away Into ono wild, chaotic cyclone of
blind nnd destructive wrnth Unit darkens
tho April day with bricks, clods and
other lnngungo, ns tho old brown lieu, a
magnificent blur of squawks and fenth
era, goes banging wjth n cloud of dust
into every door and window on tho res
ervation, except tho ono to which her at
tention is being most earnestly directed
to sit at tho cusement of my lair and
watch this instructive drama of life in
its varied possibilities is like rending
ono of thoso old, over now hooka that wo
lovo. Most of my neighbor's hens ap
pear t bo feeble minded very fow liens
nro intellectually strong but nt times
they display tho cunning of a muii'iic.
EsiM'cially is this apt tolwthocaso when
they luivo succeeded in reducing their
nominal master to tho condition of ono.
Yesterday my neighbor discovered a
liKiso board on tho back of his hennery,
creating an adjustable aperture through
which tho restless fowls found egress
into this world of euro and trouble and
early gardens. While ho nailed on tlto
board tho entire ciew of hens walked
sedntely out of the door ou tho other side,
which ho had left opon. A general
alarm wns sounded, nnd tho mini's whole
family at Inst corruled tbo maudlin crow
in tho hennery. Then they walked quiet
ly out of tho aperture of tho looso lionrd,
which ho had left ajar.
No, I do not wish you could have heard
what ho said. Indeed, I am glad you
did not. I did not hear it myself. Ho
wns too far nwny. I could seo his
mouth going, bnttl could hour no sound.
I know what he was saying all tlto time,
because I used to say it myself. Oh,
yes! I linvo kept hens. I once, in radi
ant, hopeful days, built a hennery, say
ing within myself: "There is. nothing
better for a man than that ho should eat
nnd drink nnd that ho should make his
soul enjoy good in his labor." And
when tho last sun of that year set on tho
disheartening record of wensles, pip
cholera, rats, red spiders, gapes, cats,
predatory freemen, bumblo foot and
minister's conference, I evicted tho clus
ter of omnivorous aptietitea that wan
dered about tho plnco in the guiso of
hens, devouring my substance nnd all
ndjacont substanco that happened to lw
left unywhero within fifty feet of tho
ground; turned tho nbr.ndoned hennery
into a prwervo for coal, which was tho
dearest tiling then in tho market, and
"looked on tho work that my hands had
wrought and on the labor that I hail
lalxinnl to do, nnd behold all was vanity
nnd vexntion of spirit, and thero was no
profit under tho sun." Burdette, in
Ill 111k I.urk.
Billings Jinks is a lucky dog. Just
think; a dog trod on his foot.
Thompson What is thero lucky about
Billings Why, supjioso instead of a
dog it had been u liorso or an eluphiint?
men His toot would liavo been mashed
all to pieces, wouldn't it? Texas Sif tings.
Utteruiii'i'i of u Nonentity.
Mnmmn Ethel, you must not allow
Mr. Derbydudo to say sweet nothings to
Ethel Then you'll have to muzzle
him, mamma. It is all ho is capable of.
Burlington Freo Press.
Wiisn't'IIoIilliur Ills Oun.
"How is Bronson? Holding his own?"
"I don'.t know. Ho wnsn't tho last
timo I saw him."
"Wheio wiis he?"
"On an ocean steamer." Now York
A tiruut Itecnril.
Lady (calling on friend) Oh, isn't it
splendid? I havo mado six calls, and
you aro tho only ono I've found at homo.
A Matter nf I'ltnte.
"Ye see Missus Stookuy'sdi'uion's yit?"
"Yes; but I b'lioves (ley's paste."
"Waal, I shouldn't wondah. Her man's
a bill jHMter, anyhow, yo know." Har
NOVELTIES IN JEWELS.
A mooustoiiu retort on a gold stand
Aliows to much mlvnntugu in a recent
A crescent of open llower work in
Roman gold, with two tortoise shell
prom mounted apart from tho center,
is ti ii'w hairpin.
A vurl :mted gold Miami with emerald
eyes and having u diamond In tho renter
of its back rests between two gold
wii-o loops in n ring of recent produc
tion. Tho bright gold beads which were so
K))iihir as Indies' necklaces last year nro
now being formed into gentlemen's
watch chains. Two or tlirwi strands con
stitiito tho usual HK'cimens.
Tim skill of mi artist is shown in a luce
pin representing tho South Anu'rlcuii
umbrella bird, which has mi umbrella
Mko pliiiuo on its head. Tho colors of
tho feathers nro produced in several
colors of gold and aro enhanced by
settings of colored stones. Jewelers'
DITS OF SCIENCE.
A now electric lantern lias been de
signed in Vienna for tho use of lecturers
ami medical classes. By n combination
of lenses tho magnified imugoof an object
In projected on a wlilto screen in its nat
Tho effect of tlio electric light current
ou tlio compasses of somo vessels is so
great that it becomes necessary to de
termine how many hours tho dynamo lias
been running before working out tlio
A new sketching apparatus for cyclist
has recently apiiearwl in England. Tho
pner is placed ou a small board in front
of tlio cyclist, and tlio work can bo
roughly contoured in about half tlio time
Tlio aborigines of Now South Wales
show great Ingenuity in shaping their
unriKou heads for spearing fish. Instead
of shaving the wood up nnd down tho
grain as wo aro accustomed to whittle,
they turn it round and round mid chip
it off acrosa the grain.
Is thu time to visit the famous Hiieniiudoah
alley, Va. Tills valley Is not only full of
historical U'liilnlHceuces, but in ouuof tho lllietl.
agricultural, fiiilt-growliig nnd dairying
countries In tho world. Hero Is Til K place for
tlio iiirnmr, tlio uiauuractiirer, tlio dairyman
and tlio stock riilner. The hills nro full of
high grailt' Iron oiunnd coal, and .thu valleys
iibiiiiilantly pioductfvc. Tho clluiatu fan gol
den mean, pleasant in summer anil delightful
In winter, llio water Is abundant In quan
tity and pure In quality. Lands nru clieap.
cctitiguouv to market and can be secured by
hoiiieseckcrsnu thu most favornblo terms.
Come and look over this region, to favored by
nature, whllo thu grow lug crops and gras
demonstrate the fertility of tho Mill ami thu
geniality of tho climate. If you rrlsli to iiiiiku
an Investment that you will nuver think of
except with unalloyed plemuru, or to secure
a honiu that will bo the delight or youielf
nnd family, don't let this opimrtunlty pass
unlmpioved. This Is not thu verltablu gar
den of Kdeii, but Is ono of the bent regions to
nu louiul in tlio liest country In tlio world.
For further and more dellnltu Information.
call on or address
M. V. IticiiAitim,
Iniiil and Immigration Agt., II. & O. it. It.,
FOR THE FEET!
Life Made Easy
MY IIUYING SOME OF THE
Ever sold In Lincoln. To try them on Is
to buy. These goods to be found only at
Webster & Roger's
io.j3 O Street.
LATE WITH STERN BROS., NEW YORK
Very Low. st Prices.
In the Store ol lie) mail .V Oelehes,
1518-20 Eainam Street
THE WOLD'S BEST
The Grand Oil Stoves,
UDGE cSc MORRIS,
1 1 2 2 N Street.
DR. H. K. KERMHN,
Who has the Exclusive Use of Steauna's Anesthetic
No Chloroform! No Ether! No Gns!
A Ml Set of Teeth on Rubber for $5.00.
All Fillings at the Lowest Rates.
Rooms 9.1-95-96 Burr Block.
MENDOTA COL'RADO OHIO BL'K CAN'N CITY
WOOD AND BEST ANTH'CITE
1045 O Street.
Notary Public and Real Estate Dealer in City and Farm Property
aoijnt von Tin:
North German-Lloyd Steamship Co.,
Hamburg-American Packet Co., and Baltic Lines.
A I mi Knllrond Ai-nt for Ihe Different Companies Kast and Wot.
Southampton. Havre, !inm!uirK, Stc-Ucn. London, Paris, Norwav, Plymouth, Hrcmer.,
oHciiuii, mill any
L. MEYER, ioS
Pout Olden, and Foiclj-n Exchange Uhtied to all prominent points n Europe.
I InvliiK liirno riicllltivK i-iiHt ullli Hie Ilirgct Hunks unit Having JiiMltiitloim I inn i,
imrnllomnkri.il kinds or Loans on Klrst ileal Kstiito MorlKiiKc", c ty "r 'Klin,'. 1 ro ,,2'
mm 1 to ft years, nt tlio lowest nl..rel. I uIm. .I.i.I Ii. BeliooV in ii Is. Hi.il v. Com iv nnTcifr
Wiirr.uils. also In Klalo. County and ('lly CerlllliMl Claims, iinilwll .hV.j i , ,y L ..i,L',X
market price Call and eti moor I orresnoml with me. ihij hhi inquest
A. I-L WEII & CO.
(Successors to S. A. Brown A: Co.)
-City Office lou O
Yard and Office Corner t6th
H. W. BROWN
DRUGGSIT axi BOOKSELLER
The Choicest line of Perfumes. D. M. Ferry's Finest
Flower and Garden Seeds.
127 South Eleventh Street.
point in I'.uropc
North Tenth Street.
St, Telephone 73.
and Y Sts. Telephone 6(5.
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