New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1857-06-24

''iHn sppess tha. hsa teen uod 70
.mbized in the rst in ,,rc IN l7yo ~ Evil on,Iac,
ON TO impart The validity OF mar
rss no .so,rnnd Cte lsss Of NewYorh, where II
!, 70 ME a, Ethcr, However TO remove doubts,
= = 49,; france sti1 more c,rtain, or 10 facilitate
L;sS ~ OF his con, Mr.. Sheldon, ak days be-
W., ~ sst which happened the 18th OF Novem-
.boo, e was mauied over again 70 the lady with
,c he had been eight years living, AMI This tune
<fs3ing 10 the rites of the Pfo:estan; Epi-copal
tf ,b. Most ri our readers will he aware, no doubt,
fist by tie Law Of Scotland q marriage between two
persons legtmates all the yrer0us Issue, 80 that
This second ceremony had been performed in Scotland
no unceYteinty whatever could aiterwaru nave a.
tached To the rights If the az his father heir.
Closet connected with the She dons IN scotland
wa family named Patrick, and Mr.: "liiiam falIcK
war appointed guardian OF young Sheuuoh upon M
fati,rs death After the of that event reached
Scotland proceedings were taken upon the assumption
ts,a the son born in America, was not entitled 70 sue
coed his father in the Scotch estate ana the
gas olened in due form TO Or. Robert fatck as next
heir This was in 1899. III the year following William
patrick Ralston Sheldon. the aforesaid, arrived
in Scotland from America. aud passed under the
tutelsge and of Mr.. William Patrick. In 1871
the gDaldian,bip of the boy was transferred from
William Patrick to Hugh Craufurd, and two years
later this Hugh CTaulurd instituted action Against
the Parcks for the recovery Of the lands to the use
Of his Young ward. The action was defeated, aud an
appeal 10 the House OF Lords met with no better sac
BY Lord EldOn himself in 1903. Here, then, Is the
care of Sheldon Vs. Patrick apparently decided IN
Court Of the last resort all but half century ago,
and yet this in substance is the very question s si-
tated between the identical parties which Lord Grey
introduced TO their LOrdships last night Not only Is
William Patrick Raston Sheldon It'll sustaining in
his proper person the character OF petitioner, but
William Patrick himself j. living still, aud still in pos
session of the contested estate a more marvellous
longevity Of procedure has seldom been seen, ana the
intervening features OF the case are equally striking.
MI w. i. Y. Sheldon duly s-nt TO school ana
college under the supelntendence OF Mr.. W. Patrick,
after which be entered the Royal Navy, remained III
that service till the close Of the war, then went TO
India and finally returned in the possession OF con
siderable property about 1888. Shortly atterward he
appears TO have conceived suspicion that he had
brrn wrongly dealt with in respect of his Legitimacy
and his rights of patriDOnial succession, ana at length
in lS49 he reopened by personal action IN the Scotch
Courts those very proceedings which had been ter
minated in the House Of Lords some iU years before
To those proceedings the Patrick pleaded the bar OF
the previous decisions and this defense was sustained
though not altogether to the exclusion OF discussion on
the merits OF tie case ltseh. AGAIN was the cause
carried to the House If Lords second appeal, and
again. in 1854 decided against the petitioner In real
ity according to the doctrines of English law the org-
ina sentence of the Counts could not have been upset
xceut upon proof of such fraud or COLLISION as would
yitiae the entire proceedings. Whether the decision
of lSo3-S0S had been ustone or not imported little,
80 long as it had been given in bona hde suit. 10
all ntents ard purposes It was, even II unjust, never
n fraudulent suit altogether. The plaintiff IN tact, did
emplov this plea but without sustaining H. and his case
therefore was ost. Now, however, comes most extra
ordinary feature in the case The questions OF
ard aliepaee appeared to have been argued on the
suppositiOn that the claims Of The petitioner were
founded on the last marriage alone, and the e0ntrc-
yerted points turned mainly on the d0mcie OF w lliam
Sheldon the elder at the time tins last marriage was
eolennizod. If he could be considered ScOtchman,
has previous issue was beyond doubt legltlmaed but
was he a Scotchman after % years residence 10
America 1t ruled otherwisei and, as no account
was taken of the original civil marriage, from which
the pefitiOner sprang, the decision was fatal. AS
early, however, as 1882 the petitioner has com
meuced the construction OF claim based upon the
validity Of this prior contract and at last after the de
cisiop against hinsin 1854 he repaired to Newlork,
and Instituted proceedings for the establishment OF his
legitimacy in the place OF his birth. And here, al
length after many struggles he was successful Tor
in an action brought in the Supreme court oil NT ,
York il was DECIDED that the t'rst marriage Of VII
liam Sheddon with the mother of the petitioner was
valid marriage, and the petitioner, as the issue OF suc
marriage and lawful heir of his father, seems actually
TO have recovered piece Of land.
IL is impossible not TO synlpGtlnZe with struggles
and fortunes like these Into the TRIALS OF 1915 and
1852 we have desire to enter, though we think our
selves bound in Justice to observe that the Judges be-
fore whom the case came for hearing expressed them
selves very decidedly against the allegations OF fraud
which had been advanced. Quitting, however
these considerations, and passing over as the petl'
toner himself now appears 10 do, the claim 10 the
misunderstanding, OF course, that the New-io rk
Judgment is unimpeacbable-has been established Ill
the actual place of his birth should be deprived OF his
status by such events as have related If he was
neither an alien iliegitmate, he was entitled to sue
coed 10 the patrimony of his family at the death OF his
father nearly 90 wears ago. The law of which in this
case he would be the victim in the loss OF the estate
so obviously beneficial that exception can be taken
10 its occasional operation for wrong Better even
that examples Of such hardship should occur now
and then than thai the settlements OF years should be
Unfortunately liable to disturbance. But the Legitimacy
Of the petitioner Is question apart and II this Pon
he's been really and completely decided by the New
York trial it undoubtedly seems hard that previous
decision arrived at il is true, after careful invesu
CATION but with imperfect knowledge of facts, should
Be suffered TO afIec: him without remedy on point
where such strong and such audable feelings would
naturally be entertained The House of Lords decided
in lS0S-doubtess with correct judgment as to the
law then considered-that the petitioner, as the issue
of marriage contracted after his birth, had not been
leeitimated. But Lord Grey stated last night, he
now comes fowrsra end represents that there was
marriage OF his pareats prior to his birth, sad that
has b6en he'd valid. and himself legitimate, IN the
place where it solemuized. This certainly ap
pears a case for sympathy and We should hope fol
eventual redress notwithstanding the difficulties which
induced TIE Lords to refuse Committee upon the
subject
MISCELLANEOUS.
Douglas Jelrold died at his residence in London OF
the Sth Of June after very painful Illness Of only
hoy tap Inv dura ha. "A