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Myra Clark Gaines, Appellant, v. Richard Relf, and Beverly Chew, Executors of Daniel Clark and others U.S. 472 (1852)

handle is hein.slavery/ussccases0229 and id is 1 raw text is: SJPREME COURT. Gaines v. Relf et &I. thi left. About that Ume he was apprehensive of a collison, and that it was caused by the approach of- the flatboat; But this witness says, that the river at the place of collision was from three quarters to a mile wide. Now with this fact, stated by himself, why was it necessary to run the Memphis on such a course as that such a collision should have happened? Or why was she,not run at such a distance as that it could not have oc- curred? Added to this, this witness knew the force of. the ed- dies, and should have guarded cautiously against their effect. This is a cause of collision happening in broad daylight after the steamer had observed the flatboat for more than the distance of half a mile. The. evidence* shows, that the steamer could have be~n differently navigated from the manner in which she was, and that thei course she was run, though in the judgment of the pilot was the best under the circumstances, yet that it was a course which caused the collision, and that another might have been taken by which there would have been no possibility of a collision. The judgment ofthe Circuit Court is affirmed. Mr. Justice DANIEL dissented from the decision in this case, on the ground of 'the w-ant of jurisdiction in the admiralty courts of the United States, in cases like the present .Order. This cause came on to be heard on the transcript of the re- cord, from the Circuit Court of the United States, for the East- ern District of Louisiana, and was argued by counsel. On con- sideration whereof, it is now here ordered, adjudged, and decreed by this court, that the decree of the said Circuit Court in this cause, be, and the same is hereby affirmed with costs, and damages at the rate of six per centum per annum. MYRA CLARK GAINES, APPELLANT, V. RICHARD RELF, AND BEV- ERLY CHEW, EXECUTORS Or DANIEL CLARK AND OTHERS. Myra Clark Gaines filed a bill in chancery, alleging her claim to certain property upon the ground that Clark, who died seized of'the property, had been married to Zulimc, the mother of the complainant: The claim was resisted upon two grounds. 1st, That no svch alleged marriage took place; and 2d, That Zulime was, at the-date of the alleged marriage, the wile of a man named'Desgrange. The marriage with Desgrange was admitted by the complainant, but it was contended that the marriage was void ab initio, becase Des- grange, at the time of contracting it, had another wife living, and therefore was guilty of bigamy. In this case, it is decided that the two principal witnesses for the complainant, to es-

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