The Highland weekly news. [volume] (Hillsborough [Hillsboro], Highland County, Ohio) 1853-1886, 1857-05-21
8omantr of 25jstorp,
Death Of Lord Douglas---The Great
Lawsuit Of the 18th Century.

Lawsuit OF the 18th Century.
GLASGOW, April 6, 1857.
James Douglas, Baron Douglas, died
at his seat, Boutwell, Castle ON the
Clyde, this morning. Tho deceased
peer has been in Indifferent health for
a lcngthened period, but the illness
which carried him off was only Of two
or three days duration. He was born
i'm 1887, and succeeded to the title
and estates on the death of his brother
in September 18IS. He married i'm
May 1873 Wilholuino, second daugh-
ter Of the late General James Murray.
The deceased was in holy orders, but
subsequently to his accession to the fam
ily estate he lived principally either at
Douglas Castle or at Boutwell, Castle.
and rarely took an active part i'm pub
lie affairs. Ilo was also very seldom
seen in the House Of Lords. Dying
childIcss he is succeeded in his estates
which are principally situated i'm
.Clydesdale, and estimated to be worth
about G55 900 per annum-by his sis
ter, Lady Elizabeth, married in 1882 to
the Earl Of Home. This lady is the
mother Of a large family, the eldest of
whom is Lord Douglas
The deceased peer was the son of the
first Baron Douglas, iu whose name
"Ihc Great Douglas Cause the most
important legal cause Of the last century
was carried on Tn connection with
the death of the last male heir, it may
not be out Of place to give a brief sketch
Of this celebrated case. The Duke of
Douglas died childlcss in 17G1, when
the title became extinct, but the real
and personal estate was claimed by his
nephew, Mr. Archibald Stewart, who
was served nearest heir to the Duke i'm
the same year The assumption of the
estates led to this memorable lawsuit
| Lady Jane Douglas, sister to the last
Duke already mentioned, was ono of the
handsomestwomon of her time, and in
August l74G, being then 4S years of
| age she was secretly married to Mr.
Stewart aftcrward Sir John Stewart, Of
Grandlully. They resided abroad, prin-
cipally in France from 174G till the
end of December 174Q. At the latter
date they returned to this country and
took up their residence i'm London,
bringing with them two male children,
Of whom they gave out that Lady Jane
had been delivered in Paris at a twin
birth in July, 174S.
The youngest of the twins, who was
named Sholtc Thomas Stewart, died in
May, 1888, and in November of the
same year Lady Jane died at Edin-
burgh. Immediately after the Dukes
death the guardians of the surviving
youth proceeded to put him in posses
sion of the estates of the Douglas fami-
! ly. He was served heir to the Duke be-
fore jury after the examination Of a
great body Of evidence, the examination
or inquest having been attended by
council ON the part of the Duke of
Hamilton, who claimed the Douglas cs-
tate as male heir The guardians Of the
Duke of Hamilton were not convinced,
however, of the legitimacy of Stewart,
or Douglas, and with a view Of clearing
up the case they sent agents TO the CON
| tiucnt who brought back a great body
of evidence to prove that the pretended
/ delivery of Lady Jane was a fiction, and
that the twins really belonged TO two
| poor families in France, named respect
lively Mignion and Saury. The guard
/ ians Of Mr.. Stewart, on the other hand
brought forward persons to swear that
they had seen Lady Jane in state of
pregnancy, and that they werc actually
present at the birth Of these twins.
After evidence had been collected pro
and con from every quarter, and most
Infinitely sifted and criticised. the case
came on for Judgment in the Court of
Session in Scotland on the 9TH Of July,
1867, and so important was the cause
deemed that the fifteen Judges took
eight days to deliver their opinions
| The result was that seven of the Judges
voted in favor of the identity or legiti-
macy of Mr. Stewart, and seven against
it; the Lord President who had the
casting vote, agreed with the latter, by
which Douglas, alias Stewart, was cast
on theworld without either name or cs,
tate An appeal from this decision wa.
taken to the House of Lords, however
| by which the Judgment of the Court of
Session was reversed in 1869, and Ar
ohibald Stewart, or Douglas, declared t.
be the undoubtcd son Of lady Jane
the sister Of the late Duke. lie now
retained undisputed possession of the
estates Archibald Douglas was crea
ted a British Peer, by the title of Bar
on Douglas, by George III, in l797.-
The Peer who has just departed was hi.
son and last male heir.