The Sun.
London, England, 1857-10-12 00:00:00

DEATH OF EARL FITZHARDINGE.

We have to record this day the death of the
tight Hon. Williatn Fitzhardinge-Berkeley; Earl
'i'zhardinge, which took place at Berkeley Castle,
locestershlre, on Saturday night, in the 71st year

f his age. 1h
Ilia lordship was the eldest son of Frederick
ugustus, fifth Earl of Berkeley, by Mary, daughter
f Mr. Wm.. Cole, of Glocester, and was born in
fount-street, Grosvenor-square, on the 26th Dec.,
786. Thoie of our readers who are famifar with
e peerage and its history will scarcely need to be
reminded by us that the validity of a marriage
Which wag alleged to have been contracted so early
the 30th of March, 1785, between the father andmother of the nobleman recently deceased became

,he subject of a Parliamentary inquiry after the
leath of the fifth Earl of Berkeley, and that the 'c-
ult of a close investigation of the entire circum-
,tances connected. with the case was a resolution

fussed by the House of Lords, without 'a dissentient
?voice that this alleged marriage of 1785 was not
proven, and that consequently the late Lord Fitz-
Bardinge bad no cl*im or right to the earldom' of
erkeley.. The general reader, however, will thank
Us for setting before him the following brief outline
of the facts of the "Great Berkeley Case," which
'created so great a sensation some five-and-forty
years ago.

The late Earl in the autumn of 1784, or the com-
mencement of 1785, on a visit to Glocester from his
castle at Berkeley, was struck with the charms of
Miss Mary Cole, the daughter of a butcher in that
!city and took her to live with him at Berkeley as
,his wife. As time went on the-lady bore him four
aeons, and common reputation affirmed that up to
!that date no legal marriage had been solemnized
*tween the parties, although the lady styled her-
self the Countess of Berkeley. The lady whose
'character was thus impugned always asserted, on
behalf of her eldest eon and his three next brothers,
that although the public solemnization of the union
'between herself and the Earl did not take p!ace un-
-411 May 16, 1796, she had been privately married
more than 10 years previously, and the same fact
was affirmed under oath iu his lordship's last will
and testament. To establish this statement au
entry in the parish register of Berkeley was pro-
duced, which entry, it was alleged, bad been made
for certain reasons of pleasure and convenience on
the part of the late Earl of Berkeley, on a leaf that
had been pasted down in the volume for many
years, until it should be wanted. The question as to
the genuine or spurious character of this document
came before the House of Lords .only-after the
death of the late Earl. The clergyman who was
said to have made the entry was then dead, and his
widow declared that she did not believe it to be in
her deceased husband's handwriting. A brother of
the Countess of Berkeley, however, deposed that
lie was present as a witness at the marriage of 1785.
The evidence.of Lady Berkeley, it is state.), was
contradicted by that of her mother,- who afterwards
married Mr. Glossop, of Osbournby, in Lincoln-
shire, and who, though born in a humble sphere
' of life, lived to see one of her daughters a countess,
one married to a general officer, and the third the
wife of a nephew of the late Sir F. Baring, Bart.
Such being the case, on the death of the fifth Earl,
his oldest son, who then bore the courtesy title of
Lord Dursley, . and was member for Glocestershire,
presented a petition claiming to be called to the
House of Lords as sixth Earl of Berkeley. The sub-
ject of hislegitimacy had been mooted during his
father's lifetime, and inquiry hadbeen actually com-
menced, but it was abandoned on finding that no
legal question could arise until after the old earl's
death, when, as we have already stated, the evi-
dence brought forward in favour of the legitimacy
of the eldest son was not judged by the House of
Lords to be sufficient to establish the claim. In
consequence of this decision Lord Dursley was
obliged to drop that title, and he retired from public
life for many years, and was known only as Colonel
Berkeley, of the South Gloucestershire Militia.
The estates at Berkeley, at Canford in Middlesex,
and elsewhere, were not entailed upon the title,
and hence he remaiued in undisputed possession of
Berkeley Castle, which was bequeathed to him by
his father, and which gave him very extensive in-
fluence as a landed proprietor in the county of
Gloucester, in which, as also in Bristol, and in the
city of Gloucester he ably supported the Liberal
interest against the powerful influence of the Beau-
fort family. He maintained his ground in this per_
sition extremely well, and was one of the gentlemen
chosen by Earl Grey for elevati-an to the peerage at
the coronation of William•lV., when he was created
Baron Segrave. The operation of the Reform Act,
instead of limiting his territorial influence, went
far towards doubling it, as he was in general able
to secure one seat at least for the Liberal party in
East as well as in West Gloucestershire. In 1841
he was elevated to the earldom of Fitzhardinge,
just previous to the departure of the Melbourne
Ministry from office.
The earldom of Berkeley was adjudged by the
decision of the. House of Lords in 1811 to the Hon.
Thomas Morton Fitzhardinge Berkeley, fifth son of
the late earl, but the first child born after the mar-
riage of 1796; he has never, however, assumed the
title, as to do so would be to cast a reflection on his
mother's memory. Ho is unmarried, and in the
event of his dying without issue the earldom of
Berkeley will pass to his next brother, the Hon. G.
C. G. Fitzhardinge Berkeley, formerly M.P. for
West Glocestershit e, who married a daughter of the
late Mr. Paul Benfield, and has two sons, the eldest
of whom will eventually succeed to the title, and,
it is believed, to the estates. The Earl's youngest
brother, Mr. Craven Berkeley, many years M.P.
for Cheltenham, died in 1855.
Earl Fitzhardinge never married, and conse=
quently his earldom and the barony of Segrave has
become extinct. His next brother is the right Hon.
Sir Maurice F. Fitzhardiuge Berkeley, K. C. 8.,
and late M.P. for the city of Glocester • the third
brother is Augustus, and the fourth is Mr. Francis
Henry Fitzhardinge Berkeley, who has sat for
Bt istol since 1837, and is well known for his annual
advocacy of the ballot and for his opposition to the
Sunday Beer Bill of 1854.

LIVERPOOL, Oct. 10.—The Royal Mail steam-ship
Europa, Leitch commander, sailed hence to-day for
Halifax and Boston with the mails, a large cargo, and
181 passengers, besides 60,0001. in specie on freight.
The steamer Borussia Captain Trantni,
Harrison.s put into
this, port, consigned to Messrs. Leech,er to Ha and
Forwood, to repair her propeller, to enable
com-
plete her voyage to New Yore.
number
heer of passengers and
left Hamburg on
S
the let inst., with a large
cargo, put into Greenoek is on the 6th inst., and then
b
came here. No damage expected to be found in her
hull or cargo.
AN ATLAS GRATIS WITH TITS DISPATCH—On and after Sun-
day, Oct. 4th, 1857, each copy of the Dispatch will be ac-
companied with a Coloured Map, a Chart, or the Plan of a
Principal Town,so as to furnish to each subscriber, gratis, a
most L
omprehensive, complete, and useful Atlas. The size of
the engravings will be that of one page of the newspaper, six
maps and two plans, in each year, will be of double the siz ..
It is hoped, in the course of a short time, that the Dispatch
Atlas will contain more names and positions of places than
any other publication of the kind. The counties will be
given separately, and, when large, divided. Within the first
four months, India will le more accurately and comple ely
delineated, in a series of nine maps, than in any Bri jai,
1 Atlas. The names of the artists will be the best guara tee
for perfect accuracy. The engravings will be in the highest
style of art, involving a cost of many thousands of pouids.
Mechanics' Institutes, Educational Establishments, Hotels,
Reading-rooms, and Coffee-houses will, in possessing ithe
Dispatch Atlas, be supplied with a daily want. The Dispatch
Atlas will be forwared gratis, with the paper, at the -ueual
price —sd. per copy, or 6d. stamped. The Friday Evening
Edition may be received in the most distant parts °fith 0
kingdom on Saturday morning.—Office, 139, Fleet-stlioet
Loudon

VIE LYN IV. 111.7TIVIlf
- L
;LowingThen l5. t ; afro ,a d
et,*ial R. Campbell, corn
Light_infantry, dated—
" Derhampor'e;A*.' 2.11
"My time is so taken up- with.the novelty of
everything cenneated witli the
,service hero that posi-
tiVely I have not a raiment to spar 6, and every day.
erideavour'to learn the Indian- customs,ani forms
as regards the army. The,9oth 14e t6e
steLuer fOr Chineurah in' two , boats towed by
stelinera, large . covered ve,sels, and we rem:tine:l
six days at Chin'sura.ll, and got on extre,mely well.
—no drunkenness, no sicknes., and the n•gina-nt .
all I could wish, so clever and orderly. • 1 inaeloxed,
them daily not to `-poison themselves with bail
spirits, but tObuj_beer, and during six.days I hal
ot.ly three cases .Of drunkenneas in 800 mea, and
only- four men sick, •who came.so: from .England.
We have had no casualty since leaving England.
I was hurried off froin Chinktrah • and embarked
the regiment again in steamers towing boats, and
we have be -n four days coming here. • My instrue-.
tiona were to land here qoietly and expeditiothly,
and to disarm the 631Natire Infantry and the Ilth
Irregular Cavalry, to take a'so the la rees of' the
latter, also to disarm some native Artillery 'here.'
The total force considerably, exceeded mine; with
the additional advantage on the native side of • 300
of the most., splendid cavalry I ever saw ; as re-
gards men, horses, and equipments I never raw
anything equal to thew. The regimEnt was landed'
by Me 730 strong and I ordered the Commandant
here, who is Lieutentant-Colonel of the G3d•lsTativo
Infantry, to parade the whole of the troops. He
wished do_put it off until to-day, but I would not
grant an hour. The Sepoy regiment came out on
parade ; I drew up 'the 90th opposites and on one
flank, and ordered them
.to l y 'clown their arms ;
they obeyed, and I then onl4ed thetas,
.to take off
their belts, which was done ; having F ecnred V.:ern
in carts and upon elephants I,kept the regiment of
Sepoys standing upon iiaradeunt I the llth IrregUlar
Cavalry came up, and they came from a d iatane,etif five
miles off, not expecting to findanEnglish regiment,
lmit only a detachtiteut of, the 35th Regiinente 189
strong, whom they' were rrepare,d to fight. Their
cointrtanding officer Wished to put off the parade
until to-day, the same ai the others, .but I refused.
Fortunately I did, for mot a man would haVe been
hero this morning—they would have gone off with
horses, arm., and ammunition. They seemed thun-
derstruck when they discovered our men, and had
no idea that their fine horses were to be taken from
them ; if they had thought sd theywould have gone
off in a body. They told tLe Sepoys afterwards
that they were cowards to give up their arm=, and
that if they had waited until they came up they
would 113V6 fought us, but that my men were so
placed they. could not escape. The cavalry obeyed
or,ders to lay downtheir arms, but with a mach worse
grace than the Sepoys ; they looked .at each other,
and then put them on the ground. I collected them
and found all the carbines and pistols loaded. I was
standing opposite to them.. I then order ea_. all the
belts to be taken off, and this was not approved of ;
some broke their swords, others threw their pouches
into the air, but still-the order was obeyed. Having
collected them I surrounded them with my men and
ordered them to lead their hornes.off to a safe place I
had selected for them, and where they were turned
out loose.. . The men then pulled off their long jack
boots and spurs, and pitched them away. The regi-
ment had not mutinied, -but no doubt would have
done so, and of course I treated them as a regiment
having committed no crime. They are splendid
men,- but savage beyond expression. Their swords
are like razors. The Political Agent there had no
idea that we should have succeeded in getting this
regiment together, and told me that we had done
the Lest service yet done 'in India since the out-
break.
,He has reported our valuable service to the
Government of India, and I have reported direct
to the Commander-in-Chief. Had I delayed as re-
quested until morning not a man would have been
found. We are steaming up the Ganges, the wea-
ther terriblyhot, mosquitoesmost barbarous, heavy
rains. I have to disarm and dismount another Ir-
regular Cavalry Regiment in two days' time if they
have not already gone off. I want to come near
s9rne mutinous Sepoys ; they shall remember the
women and children if I do."

HIGH WATER AT LONDON BRIDGE.
Tula DiY - Morn., 1 min. aft. 9—Even., 50 m'n aft. 9
Te-Monanw —Morn. 38 min. aft. 10 -Even. 17 min. aft. 1 L

WEA.TLIER—SUN OFFICE, OCTOBER 11.
TEIRIMOILETB3, IN THE SHlDE-
GU—highest since noon yesterday.
51—lowest this morning and during the night
CO —this day at noon.

BAROMETER. 20.97—rising.
WIND; W. to W.N.W.; light, with dull weather. cone
rain last night and this morning.

OCTOBER 12.
60 - highoPt ore. yesterday.
53 -iOn ot this morning and during the night.
65 ... at noon.
BAROMETER. 30.22—5ti11 rising,

Nrtgi), S.W.; light, with dull mild weather. More
rair, in the night.