The British Press; or, Morning Literary Advertiser.
London, England, 1810-06-27 00:00:00

RONBUROIi CAUSE.

COCRT OF SI

Oft Thursdsy last, the Court gave judgment on
intoili:r plea in this important cote. It will be ;
recollected, from the former reports we have
of 04.4:Y1144 that the right.to the greet Roxburgh
estates depends upon theinterpretotton of a clau-e
is the origioal deed of entail, tato:tiled by Robe' t
Earl of Roxburgh, in 1639. fly that deed, the
Earl, haring no WO Ain. had called to for success-
lion Sir William Drummoi.rl his emulsions (by a
daughter deceased). on condition of Sir William
niarryiug one of his four grandaughters, the
daughters of his only sun Harry Lord Ker, (It-
ceased, and the destination extended to the
heirs-male of the marriage. Sir William Drum-
mond (who was a son of the then Earl of Perin)
aceordiugly married his cousin. Lady Jaue her.
the eldest of Lord Harry's daughters. and be..
cause the secoud Earl of Roxburgh. The suc-
cession has continued in the persona of the lit
Male of this marriage down to the death of the last
Doke. in 1803, the family having got their title ex-
tended, by a pateut of dukedom, iu the year 1707.
By the email in like. Earl Robert upponsted, that,
failing heirs-male of the body of Sir William Drum-
mood and Lady Jane Ker, (cud these were eatioet
at the death of the last Duke) the estates should
belong to the eldest dueliner of the said ningl.
limy Lord her, without division, and yr bents
male, she always mereing. or bane; married. till is i
gentelman ol honour). and lowful descent, whit sell
perform the conditions above and Jotter written ;
11k, all failz-ing and yr midis alto. male, to our
uearest and let ful sins male titsoinever."
Upon the death of Duke William, in MOS, there
were several competitors for the estate. Sir lows
louts claimed, under the above clause. as the diesel
descendant of Lady Margaret her, thigl don! t!r
of Lord Harry ; as did also Getters! Ker, as tile
heir-male general of the first Earl Robert. Mr.
Ballenden Ciaieler also claimed. as haring gut a
right from the last Doke William, who, having
conceived that the entail terminated in his permit,
had dispooed the estate's to Mr. Gaoler. A vast
deal of litigatino followed on diet, competitions.—
The Cow t of Session ultimately detertniued in fa-
vour of Sit James buses, and this decision was
affirmed. iu effect, by certain resolutions of the
Howie of Lords.
Lady Essex Ker, the eldest sister of Duke John
will died in 1804, had made a dints to the tide in
the Committee of Privileges. Her Ladyship now
{nought an ileumg in the Court of Session, to have
it found and declared that she had rigid to the
estates also. io virtue of the above clause. Her
principal plea was; that she was Cie brie female
of'ths. rausi;y (ol which there 1V:111 uu ("IOWA!), 3{lll
that the term eldest daughter," used iu the abnve
clause. was, in the law language of the tuns.
at which the rotoit was made, synonimous, or of the
setae import with " heir female." Very torsions
(capers were put io upon this plea, and lung plead-
on,is took place about a fortnight a.m. Oil Thins-
day, to- Court, after full opinions front each of the
Judges, gave jiidgineut, unanimously repelling the
pleas of Lady Essex Kec, and hitting she could nut
claim the estates under the entail.

On Monility.se'nnighl, the trial of Willies Old
canteen before the Court or Exchequer, on the charge
of hiving in his posseanon a still, toe the purpose
of mauufacturing spirits. without having taken out
a license. winch subjected him to a peoulty of
3001.; also, for having a quantity of wash, amount-
ing to between 300 and 400 gallons, the penalty
for which is 101. per gallon; toe libel was, however.
restricted to 100 gallons, the penalty being 10001:
In bath these sums he was found liable by the jury.
The ingenuity displayed by Mr. Old, in the
mown of this still. and in the concealmentof it.
is rather of a novel nature, and deserves to be made
public. The still was of very large dimensions,
not less then 60 gallons, equal to many used in the
regular distilleries. Old's story is shortlt this:—
Some time ago he met with a travelling Irish
tinker ; he called him int* his shop, which is situ-
ated in the High-street, at the back of the Fountain
%Yell, Edinburgh, and asked him if he ever made
.each an instrument as a still ? The man told him
that he could not only make it, but use it. He
• hen made an appointment to meet the tinker in
Charlotte-square, where ha blindfolded him, and
carried him in a coach to his shop ; he then intro-
duced him into a cellar. by a trapisloor. ma a dark
room, through which he passed from the front
to the back shop ; this door was nearly concealed
by a small press, and the passage was so tight. that
a man could scarcely pass through it. Here lit
provided his tinker with copper, who, in a shoat
time, constructed a still upon the most approved
principles ; after which lie again blindfolded him,
and set him adrift in a different quarter of the
town. How long this iastrument was at work slid
not appear on the trial; but it is evident that •
very short time would enable the proprietor to
meet all expenses, or pay any penalty he might
incur. For his spirits he found a ready market ;
his customers sent their servants with ready cash

for 'that they wanted, consequently no names I,p.
prared, and he professed • total ignorance of who

they were.
finch was the ingenuity with which Mr. OM had
contrived to conceal his operations, that the officer#,
even after receiving information, had the greatest
diffirulty in finding out where the *till was con-
cealed.

At a meeting of the county gentlemen, held at
Dumfries on the lith instant, for the parpose of
taking into their consideration the opposition made
to the privileges of the House of Commons, several
resolutions, expressive of their abhorrence of such
conduct. and their determination to support the
Honourable Home. were moved by Mr. NfUlllAY•
the Vire-Gieuteual.t,atid seconded by Mr. ReSIST
Gateesox. upon which the previous question was
moved by Mr. MAITLAND, of Eccles, and seconded
ht. Mr. Menteavn urn, on the grounds
of its being premature to give any opinion on the
question. pending it. discussion before the Court of
King's Bench. The previous qu-stani am% news-
tire, ■nd the resolutions were agreed to by a very
large enitority.—Mr. P. Mit.rdes, jqn. alai bailie
other gentlemen, We• protested alpinist the re-
solutions.