The Sun.
London, England, 1863-06-24 00:00:00

TfIE :SUN, LONDON, WEDNESDAY EVI_4;NING, JUNE 24, 1863.

THE BREADALBANE PEERAGE.

EDINBURGH COURT OF SESSION-JUNE 20.

Lieutenant Charles William Campbell, of the 19th Regi-
ment of Bengal Cavalry, presently at Sultanpore, claiming
to be sixth Earl of Breadalbane and Holland, Viscount of
Tay and Portland, Lord Glenorchy in the peerage of Scot-
land, for the appointment of a judicial factor on the entailed
estates of Breadalbane.

This petition came on for consideration to-day.
Mr. Gifford opened the case for the petitioner. He stated
that he was the grandson of the sixth son of 'Miriam
Campbell of Glenfalloch, and was thereby the nearest and
lawful heir of tailzie and provision of John, fifth Earl of
Breadalbane, who died on the Bth of Nov., 1862, whhout
leaving any lawful issue of his body. He had presented peti-
tions to the Sheriff of Chancery craving to be served nearest
and lawful heir of tailzie and provision in special of the
said John, Marquis and Earl of Breadalbane, in the lands
and estates comprehended under the two deeds of entail.
He presented his petitions on 27th of February last. There
was another claiinant, John Alexander Gavin Campbell of
Glenfalloch, who had also presented petitions to the Sheriff
of Chancery, alleging himself to be the nearest heir of
tailzie to the said John, Marquis and fifth Earl of Breadal-
bane, and who craved to be served in that character.
Nothing had as yet been done en, the petitions for service
except intimation. The petitioner proposed to have the
petition forthwith conjoined and advocated from the
Sheriff in Chancery to the Court of Session. As to the
competing complainant, he, the petitioner, averred that the
ground on which he impugned his alleged right was that
he claimed to be descended from James Campbell, the
second son of William Campbell of Glenfalloch, while the
petitioner was descended from John Campbell, the sixth
son. He alleged that he was the grandson of the said James
Campbell by his marriage with Elizabeth or Eliza Maria
Blanchard, which took place in September, 1782, by the
Rev. Mr. M'Gregor, Gaelic minister in Edinburgh. In 1783
they went to America together. Now, at the time of this
marriage Elizabeth Maria Blanchard was a married woman.
She was the wife of Christopher Ludlow, of Chipping, Tod-
bury, Gloucestershire, who did not die till January, 1784,
She had eloped from her husband. Under these circum-
stances, the father of the claimant must have been illegiti-
mate, as he was the son of an adulterous connection, and,
therefore, the claimant is illegitimate also. The petitioner
offered to establish these facts by proof; and Mr. Gifford
submitted that this was a case in which the Court, in justice
to the petitioner, who claimed to be the nearest heir to the
late Earl of Breadalbane in the Breadalbane estates, should
sequestrate the whole rents thereof, and make them payable
to a judicial factor, so that, whoever proved himself the
party entitled to succeed, should obtain the whole proceeds
of the property during the period when the investigation of
their resitective claims should go on. No harm would accrue
to either party from this course being adopted, and the
rights and interests of all concerned would be protected.
Mr. Clark opened the case Mr the competing claimant, the
respondent, John Alexander Gavin Campbell, and said that
the claimant's father was heir of entail of the estate of Glen-
falloch, the destination of which was identical with that of
the Breadalbane estates. When the respondent's father, in
1812 succeeded to Glenfalloch, the petitioner's grandfather
acted as factor for him, and directed and carried through
his service as heir of tailzie and provision to John Breadal-
bane Campbell in the lands and barony. Had the respon-
dent's father been illegitimate the grandfather of the peti-
tioner would himself have been entitled to the estate of
Glenfalloch, but no whisper was then breathed as to the
illegitimacy of the respondent's father, although the events
were then recent, and must have been known had there been
any ground for supposing such a thing. The late Marquis of
Breadalbane appointed the respondent's father one of his
trustees, and he continued to act in that capacity till his
death ; and upon the death of the Marquis his trustees and
executors at once recognised the respondent as the heir
apparent, entitled to the lands and estates, whose whole
charge was transferred to him, and he has had since then
the entire management. The only portion of the property
not actually under his charge was Taymouth Castle, which
is still occupied by the late Marquis's servants, under art
arrangement with him. He submitted, therefore, that there
were no grounds for the appointment of a judicial factor
and for dispossessing the respondent of his right as heir-
apparent.

Lord Deas said it was one of the facts the Court ought to
have known—namely, the date of the birth of the respon-
dent's father, who died in 1850. This fact might be of the
utmost importance, and parties must take the consequence
of absence of any statement on the subject. While he
would have expected some statement on the subject from the
petitioner, he would still more have expected it from the re-
spondent.

The Court took the case to avizandum.
Counsel for the Petitioner—Mr. Patton and Mr. Gifford.
Agent—Mr. Henry Buchan, S.S.C.

Counsel for the Respondent—The Solicitor-General, Mr.
Clark, and Mr. Adam. Agents—Messrs. Adam, Kirk, and
Robertson, W.S.

POLICE INTELLIGENCE.—June 23.

MARYLEBONE.—ATTEMPT AT MURDER.-A tall
muscular woman, named Elizabeth Gearing, aged 38, a
washerwoman, residing at 8, Horace-street, Marylebone,
was brought up on remand before Mr. Knox, charged with
the following murderous assault upon Frances Kaleher.—
, The case was brought before Mr. Yardley originally sonic
time ago, but such was the critical state of prosecutrix that
prisoner had to be remanded from time to time. Yesterday
prosecutrix was led into court, and her appearance excited a
great amount of sympathy. She was very weak indeed,
and all about her face bore very sad marks of the knife.
Bandages were still about her head, arms, and hands. Pro-
secutrix on being called was allowed to be seated, and the
worthy magistrate (Mr. Knox) went and stood close by her,
and passed her evidence (which she was not able to give
scarcely above a whisper) to Mr. Tate, the clerk, as follows:
My name is Frances Kaleher. lam a married woman, re-
siding at 6, Horace-street. On the 31st of May I went out
at five minutes to 12 to get a pot of beer, and met the pri-
soner in John-street. She followed me to where I got my
beer. (Prisoner--You liar; did you not ask me to go with
you ?) At the corner of Shouldham-street Mr. Monro
served me with the beer outside the door. Prisoner was
standing by my side at the time, and as I went round the
corner she took hold of the back of my dress. (Prisoner—
Oh, you liar.) She asked me to come round the corner as
she wished to tell me something very particular. I said it
was too late, and my husband would scold me if I went.
She said to me, " I wont keep you a minute, I am going for
some fried fish to Brown-street." I did not want to go, and
she held me tight by my drese, and I went half way down
Shouldham-street, when she (prisoner) attacked me with a
knife. The first placed she stabbed me was in the chin, and
afterwards in 14 or 15 different parts of my body. We fell
up against Moulding's shop, 34, Shouldham• street, and the
door not being properly latched it gave way, and we both
fell into the passage. After she got me down she placed
her knee on my chest. I screamed " murder," and the
prisoner pulled my clothes over my face and stuffed them
in my mouth. I pulled them out again and still screamed
" murder"—(Prisoner—Oh, you rogue)—and begged for
mercy several times. She said, "I will give you mercy
when I have your life." (Prisoner—You lie, I did not
want your life. You do reckon up a lot of lies.) After she
knelt on me she kicked me on my legs many times, and they
are black now from her boots and nails (Prisoner—l don't
think I kicked you.) Assistance arrived, but I wasexhausted
when it came. As the people tried to pull her off of me by
her legs, she threw the knife at me, and it struck my throat,
and there is the mark on it now. Mr. Knox—Was the
Prisoner drunk or sober ? Prosecutrix—She was quite sober.
I never saw her drunk in my life. Mr. Knox—What know-
ledge have you of her ? Prosecutor—She was a lodger in
my house, and had only been there three weeks. Mr.
Knox—lt is a strange affair for her (prisoner) to attack you
like this. Prosecutrix—l never had the slightest contra-
dictiiin with her in my life Mr. Knox—Can yell account
for this act ? Prosecutrix—l cannot. Mr. Knox—Had you
any words ? Prosecutrix—She never gave me cause to have
any words. I was taken into Dr. Danford's shop. After this
I was taken to my own home, where I have been ever since,
quite unable to attend here through the effects of my
wounds. Mr. Knox—Do you wish to ask this poor woman
any questions ? Prisoner—Me, sir. Oh no ; I don't. Pro-
secutrix added to her statement that when assistance arrived
she managed to reach the knife and give it to a young man.
George Morrishaw, a decorator, residing at 11, Shouldham-
street, said —I was at my own door, and heard cries of
" Murder I" I went to Mr. Moulding's passage, and saw
the prosecutrix saturated in blood, and she placed the
knife in my hand. Mr. Knox (to whom the knife, with
a sharp-pointed blade, between nine and ten inches in
length, quite new, and clotted with blood, had been
handed) said—ls this the weapon ? (The sight of the knife
and the determined coolness of the prisoner drew an excla-
mation from all parties in court. The knife had the blood
marks rusted, as it were, into the blade.) Witness—
That is the same. Thomas Williams, a watchman, in
Shouldham-street, saw the prosecutrix and witness against
No. 34, Shouldhara-street (Prisoner—You are a liar;
there was no one there.) They struggled, and fell into the
street door. Prosecutrix fall undermost, and prisoner on
the top. Prosecutrix screamed " Murder !" and I pulled
them both out of the passage by their legs. Prisoner—lf
you saw me attack her, why did you not see to it before ?
You did not see me at all. Witness—l waited till the police
came. She tried to get away from me, but I held her. She
shoutel very much. There was plenty of blood in the pas •
sage. Prisoner—You are a liar; you did not see blood,
for it was quite dark. Mr. Fred. Danford, surgeon, 10,
Upper Dorset-street, said—The female Kaleher, was
brought into my place a little after 12 on the night
stated covered with blood. Her clothes, face, and hair were
saturated with it, and she was bleeding very profusely
from ter many wounds. I have been attending her ever
since. On the head were several long incised wounds—also '
on the face, hand, and left arm. There are also several
punctured wounds about the head, shoulders, and chest.
Most undoubtedly they are such wounds as would be caused-
by such a weapon as the knife now produced. Most of the
wounds are very extensive, but fortunately none of them
have gone to any important organ of the body. She has one
very extensive wound on one of her hands which I have no
doubt hris been caused by the knife having been drawn
through it and almost cutting it in two. James Hughes,

86 D, stated that he took the prisoner in charge, and the
only excuse she gave for committing such an offence was
because the prisoner and others teased her. In reply to Mr.
Knox, the officer said he had not been able to trace where
prisoner got the knife from. The officer added that the
prisoner was committed to the sessions and sen-
tenced to six months' hard labour for rtabbir.g another
woman in September last with a large white-handled
carving knife. After Mr. Knox had given her
the usual caution for prisoners going for trial,
prisoner said—l was going into my own room when she
(the prosecutrix) said she was going for some beer. I said,
"As you are going to the public-house we will hate some
rum." We went to the Horse and Groom. They were
shut up ; and afterwards to the Old Crown, which was also
shut. We then went to the corner of the street ; Ido not
know the sign of the house, and we got some rum in a
bottle, for which I paid. We carried it away with us, and
I said if the fishmonger's was open we would take some
home for supper. When we got half way down the street
I drank some of the rum, and gave her the rest; and as she
was doing so I struck her with the knife. I did not kick
her, neither did I put her clothes in her mouth. Both her
and her father teased me.

Mr. Knox committed prisoner for trial at the Central
Court for the attempt at murder.