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

SPORTING INTELLIGENCE.

THE BREADALBANE PEERAGE.

NE*CASTLE-ON-TYNE RACES, JUNE 23.

EDINBURGH COURT OF SESSION-JUNE 20.

The Trial Stakes of 5 sovs each, with 25 added ; 2-yr-olds,
sst 10Ib ; 3-yr. olds, 7st 101 b ; 4-yr-olds, Bst 101 b ; 5-yr-
olds, Ost 31b; 6-yr-olds and aged, 9st 51b. Winners
once hefore starting, 31b; twice, 51b extra. Mares and
geldings allowed 31b. The second to save his stake.
T.Y.C. 6 subs.
Mr. J. Wilkins's Betsy Copeland, 3 yrs (Doyle) 1
Lord Zetland's Deerfoot (Marson) 2
Mr. John Osborne's The Cure •• • • (Carroll) 3
Mr. Joques's Harvest Mell
Betting-5 to 2 agat Copeland, and 4to 1 agst The Cure.
Won by a head. Three lengths between the second and
third.

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 William
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, w4hout
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 claimant, 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 oh 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 178
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 respective 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 for the competing claimant, the
respondent, John Alexander Gavin Campbell, and said that
the claimant's father was heir of ent ail 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 Tayrnouth Castle, which
is still occupied by the late Marquis's servants, under an
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.

The Members' Plate Handicap of 6 sovs each, with 100
added—viz., 50 toy the members for Newcastle-on-Tyne
and 50 from the Grand Stand. The winner of any handi-
cap value 150 sovs after the weights are published to
carry 7th extra. The second to save his stake, and the
winner to pay 10 guineas towards expenses. Newcastle
turn in, nearly one mile. 20 subs.
Mr. W. Hart's Erin- go-Bragh, 3 yrs, 6st 41b
(Williamson) 1
Mr. Jackson's Lady Louisa, 5 yrs, 7st 121 b .... (Doyle) 2
Col. Towneley's Cellarius, 4 yrs, 7st 111b....(Challoner) 3
The following also ran : Calabria, Lach,sis, Fairy
King, Annabelle, Unfashionable Beauty, and Trump
Queen.

Batting-5 to 2 agst Erin-go-Bragh, 4to 1 agst Trump
Queen, 5 to 1 agst Cellarius, 6 to 1 agst Lady Louisa, and
7 to 1 each agst Lachesis and Calabria.
Won by a neck. Three lengths between the second and
third.

The Tyro Stakes of 5 sovs each, with 50 added, for 2-yr-
old colts, Bst 101 b ; fillies, Bst 71b. A winner of any
stake before starting value 100 sovs to carry 21b extra, or
of 200 soya 41b extra. The second to save his stake, and
the winner to pay ,5 guineas towards expenses. T.Y.C.
13 subs.
Mr. John Osborne's Lady of Coverham .... (Whiteley) 1
Captain Gray's Windham
Mr. Joseph Dent's Mantalini (Challoner) 3
Mr R. Chilton's Claxton (Osborne) 4
Mr. H. Wilkinson's Eagle's Wing (Snowden) 5
Betting-5 to 1 agst Windham, 4to 1 agst Lady of
Coverham, 9 to 2 egg Mantalini, and 100 to 15 agst Eagle's
Wing.
Won by a length. Three lengths between the second and
third, a bad fourth.

The Selling Stakes of 5 movs each, with 25 added; 2-yr-olds
7st 101 b, 3-yr-olds 9st 21b, 4-yr-olds 9et 101 b, 5-yr-olds
lOst, 6-yr-olds and aged 10st, 21b. Half a mile. Six
subs.

Lord Exeter's Acceptance, 2 yrs (£25) (Sellers)
Mr. C. Winteringham's Lady Braybrook, 2 years £25)

(M. Noble) 2
Mr. J. Ridley's Hospitality f, 2 yrs (525) (Carroll) 3
Mr. Ridley's Benevolence, 3 yrs (£25) (Marston) 4
Mr. Bagnall na Duchess, 2 yrs (£25) (Martin) 5
--- -

. _ . .
W .on by a neck, a head between the second and third,
The winner was sold for 39 guineas,

The North Derby of 5 sovs, with 100 added, for 3-yr-olds ;
colts Bst 1010, fillies Bst 71b. The winner of any stake
before starting, value 300 sovs, to carry 31b extra; if 500
says, 51b extra. Horses having started three times and
never won allowed 31b. The second to receive 25 says
out of the stakes, and the winner to pay 10 guineas to the
judge. Once round. 20 subs.

Captain Gray's Manfred
Count Henckel's Giles the First (Aldcroft) 2
Mr. Temperley's Alice (Snowden) 3

Betting—Even on Giles the First, 7 to 4 agst Manfred,
and 3 to 1 agst Alice.
Won by a head, three lengths between the second and

third.

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, t.S.C.

Counsel for the Respondent—The Solicitor-General, Mr.
Clark, and Mr. Adam. Agents7-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 Keleher.—
The case was brought before Mr. Yardley originally some
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 Keleher. 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—Yon liar; did you hot ask rue to go with
you ?) At the corner of Shouldham-street Mr. Monro
served roe 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 drew, 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 fall
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 en 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 was exhausted
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 rover 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-
diction with her in my life Mr. Knox—Can riu 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. Atter 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—l 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, Shouldham_street (Prisoner—You are a liar;
there was no one there.) They struggled, and fell into the
street door. Prosecutrix fell undermost, and prisoner on
the top. Prosecutrix screamed " Murder I" 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
shouted 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 Keleher, 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 the was bleeding very profusely
from her 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.
am such wounds as would be caused
by Moat
such
a undoubtedly
weaponthey
asthe
knife now produced. Most of the
extensive, but fortunately none of them
hwaovuengdosnaerteovaenrYy important organ of the body. She has one
very extensive wound on one of her hands which I have no
doubt has been caused by the knife having been drawn
through it and almost cutting it in two. James Hughes,

THE SUN, LONDON, WEDNESDAY EVENING, JUNE 24, 1863.

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 stabbing 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 ha'e 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.

SPIRIT OF THE PUBLIC JOURNALS.

TIMES.—It is not improbable that the Emperor
Francis Joseph, after all Lis errors and misfortunes,
may leave behind him a name honoured in history.
Fifteen years ago he ascended the throne a mere boy
in age and under the guidance of a Minister, able
and resolute, but of the most despotic instincts. He
crushed not only open treason, but the most reason-
able constitutional demands. These few short years
have elapsed, and we now find him addressing a
Message to a great Constitutional Council of his
Empire, and using the familiar phraseology which
all Sovereigns seem to have copied from the Royal
Speeches of England. True, in the meantime there
have been important events. The mighty Monarch
in whom all Conservative Governments put their
trust, and who marched his legions to suppress the
Hungarian revolt, fell in a few years after the ex-
ploit, and was only delivered by a sudden death from
witnessing the overthrow of his armies and of the
influence by which he had so long imposed on Eu-
rope. Austrian dominion, Austrian influence, several
semi-Austrian Crowns have passed away in Italy.
Everywhere the Court of Vienna sees Sovereigns
forced to regulate their actions by the wishes of
their subjects, or to prepare for a resistance more or
less dangerous according to the spirit of the people
or the grievances from which they suffer. The
merit of the Emperor is that he has understood the
necessities of his time and has yielded to them ; and
let it not be said that it is no great thing for a ruler
to see what every one else sees—to gather from the
advice of Statesmen and soldiers and Churchmen
what the tumblest of his educated subjects can
learn from his own observation or the talk of his
friends. It is unfortunately the case that Sove-
reigns usually fail to see what is glaring in the
sight of the rest of mankind,—that they hear
not the voice of the people until it swells
into the shout of revolt. It is no small
merit for the young Austrian Emperor that, brought
up in a retrograde Court and tutored by retrograde
Ministers, he has yet attained to a clearer know-
ledge of his country's needs than is possessed by the
King of Prussia, a Sovereign of twice his age, and
ruling over a people who in culture, if not in genius,
are very far superior to those of the Austrian Empire.
There has seldom been a more arduous political un-
dertaking than that of uniting the discordant and
almost hostile provinces of the Austrian Empire into
one assembly. The Emperor's con ititutional leanings
have been, no doubt, encouraged by the idea that
the only way to give unity to the mass of nations and
tribes which he governs is to_bring them into con-
tact in one Chamber, to make the interests of one
balance those of another, and in some sense to play
them off, each against the one to which it has been
traditionally opposed. That Germans, Hungarians,
Czechs, Galicians, and Italians, so far as they tended
to fuse, would consolidate the Empire, and so far as
they retained their rivalries would increase by their
division the influence of their common head, was
perhaps the principal idea which suggested the
establishment of this Imperial Legislature. Now
that the Emperor is committed to the principle
he will, no doubt, work at the realisation of it
with all the obstinate energy which is part of his
character. Prince Schwarzenberg was not more
resolute in his plan of welding together the Austrian
federation by sheer despotic strength than are
Francis Joseph and his present advisers, includ-
ing, it would seem, the principal members of his
family, in their design of uniting the Empire by
creating a Legislature which all the provinces shall
obey, while at the same time it is open to theinflu-
ence of the Sovereign. Much progress, indeed,
appears to have been already made. Although
nothing can conciliate the inhabitants of Venetia,
who still regard themselves as Italians temporarily
kept from their allegiance by a defect in the Treaty
of 1859,—although Hungary is jealous and discon-
tented as ever, yet, on the whole, a remarkable suc-
cess has been achieved, considering the state of the
Empire and the short time the new institutions
have existed. The Emperor had no reason to be
dissatisfied with the scene which was witnessed last
week, when the second Session of the Imperial
Legislature was opened by the Archduke Charles
Louis, who read the Emperor's Message in the pre-
sence of a large array of members. These, though
they are unfortunately far from representing the
whole Empire, are yet a support to the Throne, such
as it never had when it relied solely on soldiers and
priests. In his Message the Emperor congratulates
the Chambers on the harmony with which the
Reicherath and the Provincial Diets work together,
thus realising the Imperial principle that " the
necessary unity of the Empire may be upheld, even
though its component parts enjoy the greatest
amount of freedom and independence of action."
Then followed a passage which was heard with
great interest, as indicating the intentions of the
Emperor on the important question which is now
being discussed between the three Powers and
Russia. Whatever may be the warlike instincts of
France or of a small portion of the British public,
we are not to expect that Austria will allow her-
self to be influenced by them at this crisis. She
has a large interest in peace, and no interest at all in
raising up a Poland which would soon demand Galicia
of her. Any improvement of t he Warsaw Government
which the policy or humanity of the Czar might sug-
gest would be approved by Austria, and it is in the
hope of such a solution that she addresses him in
company with France and England. But she is
ready for nothing further. Those who thought that
the jealousy, not to say hatred, which has existed
between the two Powers since the Russian war might
possibly incline Austria to an offensive alliance with
France, have underrated the prudence of the Vien-
nese Court. Such at least is the impression which
the following sentence in the Emperor's Message
has produced :—" At the close of the first session of
the Reichsrath Austria was at peace with the whole
world. She still enjoys the blessings of peace, and
it will be the stedfast aim of his Majesty's Govern-
ment that she should continue uninterruptedly to
enjoy them." In ordinary times these would be
thought mere words of course, but Vienna under-
stands them as specially applied to the Polish ques-
tion, and is probably right in its opinion. What
revolution can be greater than that a Hapsburg
should pronounce such words as these P—" Pro-
tected by liberal institutions, the intellectual and
material development of Austria is progressing
rapidly ; her power and consideration are continu-
ally increasing." But, however strange for an Em-
peror to pen and an Archduke to read, they are
strictly true. The Emperor announces the happy
results of increased freedom and economy. The
credit of the empire and of the paper currency has
improved, and the state of the finances is such that
the Government will not require the 12,000,000f1.
which were granted for the covering of the ex-
pected deficit. Alterations in the system of direct
taxation will be submitted to the judgment of the
Reichsrath. Draughts of other important laws
will also be ordered for consideration. " A com-
plete code of regulations for the administration of
the penal laws will be laid before you. In the
Criminal Courts there will be publicity, with oral
proceedings, and in those provinces in which the
thing is feasible juries will be established,
to which all the more important cases will
be submitted.' The proceedings in criminal cases
will be simplified and shortened, so that they may
be in better keeping with the laws for the protec-
tion of the liberty of the subject." To this point has
improvement advanced in •Austria,—" trial by jury,"
" liberty of the subject." Let not any say that the
Reichsrath is a deception, or that the Emperor is
insincere. No Sovereign who really wished to keep
despotic power in his own hands would pronounce
such words or propose such laws. All may not be
done at once, but it is plain that the old Austria has
passed away, never to return—that the Emperor
knows great changes to be inevitable, and wishes
to make them safe.

POST.—Whilo we are speculating on the nature
of the answer which the Russian Government will
accord to the collective notes, it is natural that the
statesmen at St. Petersburg, should be engaged in
a series of conjectures with reference to the temper
of the Powers by whom those notes were addressed.
There can be doubt that they will be guided in fram-
ing their reply by the accounts which they receive
from their diplomatists abroad of the degree to
which public opinion in foreign countries may have
been excited. Considering the present internal con-
d:tion of the empire, it must be the first object of
those who control its destinies to stave off all risk of
a European war, but it is possible that the tone of
the foreign press, no less than of the Cabinets of the
Great Powers, may have lulled them into suet 3?.r u