The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1860-12-04
CURIOUS LEGITIMACY CASE.
Curious Case in England Involving an Old
New York Family.
SHEDDES W. TIE ATTORNEY GENERAL,
Co.. Co.. 10.
From the London Ne ", Nov. lsl

Court Of Probate yesterday
WAS petition OF william Patrick Rslston sheddsu, o
prisoner Qieens Bench and Of his daughter, An
nabela jean Raston hsddeD, praying the Court 70 de-
clare DO natural born subject OF nor Ms
eety and also legitimate OF Mr.. William Ralstor
shedden, late OF Eoughwood, In the county Of Ayr.
Al the sitting OF the Court, Mr.. Macsuay, q. o., APP
piled for the ground that neither ho
nor Sir Hugh Cairns (whO with nim) had boon on
sbed TO give that lntca 70 the papers which tho
pcA.ed and very peculiar OF the required.
Mr.. Rolf, Q. O. with whom Mr. BOWL. Q. O., Dr.
De~ns, Q. O. and Mr. PoweD, appeared for the dcfon-
dans, Mr. Robert Shedden Patrick and Mr.. W. Patrick
and objected 10 any delay,
Mr. Macaulay thought right 70 add that bis appllos~
ton made not At the Request but against the
Of his clients, who had prayed him TO retire rather
than there ehoud be an Adjournment.
Cir G. Cresswel stated that before tho long vacation,
he had given tina. this would DO the
would be taken lns term Great public inconvenience
would arise II II were postponed. II must therefore
20
Mr. Macsusy regretted say that un Ter The circum.
stances, 20 without the aid Of himself aud h
friends Tho learned gentleman and his colleagues
then withdrew.
Miss shedden accordingly stood forward and IN . very
heightened, but exceedingly lucid, and eloquent
speech stated the in support Of the petition LILO suits
puOuC, iurmou tup)oo<
NOT only Of previous legal proceedings bu OF
debate In the Hcuse Of Lords where IL introduced
two three years ago by Earl G-ey me leading flcto
capable Of being very conc,sely stated me shed
dens we're originally Scotch family, the petitioner
oaims 10 be linea descendant of tho royal Of
that king Tho grandfather Of the petisioner who
bad smau estate In Ayrrairc, called Rugh wood, had
He len, however, = son, william Raistcn heddon, who
succeeded 70 nn Propsr'y ana dsushssr. naron who
and - Am mad
~, Robert, John, and William Patrick Just before tho
dealh Of he father ITO, William RAlstou Shcddon
went out 70 VrgiDia, under contract with Mr. Arch.
Mccall OF glasgow, stpuistng pay his pasage
out and home again He ho~ever, In tho coony
ana egp0uspg .. tbe Revopton, the loyakt cause k<
declared OUTLAW apo hs properly In lT7f DC
took refuge within tho briish lines ~ New York. and
po a. 6 sns soss ~ ss OK
enced business IN 1850 at Bermuda under style
title Of sbeaden Co his partaers being hts DOMAIN,
Rob shcddeu, snd brother IN Law OF the latter named
Goodrich Tbs nrI very successful. made pro-
o. Of nearly oOo and IN iIss the petitioners faasr
Contemplated an Immediate return 70 Scotland He
detailed however, In prosecuting 70 An inde-
nifty for hts losses a. 10y sst ana IN il he
new rym At New York for the bene6. o. his nsphcw
william fasrlck. His intention come houue was ssa,r,
Dtter with BY one circumstance another until 1913,
York At his d.oesse be - II Years OF aga
He had been marrict t~ioe. Ia l7s6 ne had wooded q
,1ss Kennedy oy whom DC nsa nAa daughter; and W
pesscners Ann, the daughter Of Mr. Wilson, Who has
beer British ocer durieg ,he war; but who n nas
period hrmer. AIN Ws0n paia 70 have been ittc
ore than sixteen years Of ago when she thus became
rrs shcdden Tho marriage stated 70 nsve boon
followed ny matrimonial cohabtasion In house al
joining his place Of busness 10 Water street, New Yorx.
In 7e2 his nrss ohiid jane RAsscn 5heddoa vas boru
the Hs child, born 1874, Va tbs pesisioosr
wnom be hsd bsplised ey the family names II VII.
Of Inc o. y. I isS 81 sas
Der, l7sshe himst 70 be romArred BY clergy
man q re nSop; shs,s os Ss = wan
81 proof being supposed that ny tho law Of Scotland
subsequent Of tho parents would lcsimsc
children who had BEEN born out VI wcdock. Tho pe-
toLtr asserted that be had been purpossy kept L.
Of The facts relating his birth, pre-
vent him nom establishing bis claim 70 his hthr pre-
on the other side vas oou,ended that W, sheaaeo.
tho petitioners alleged father, Brsh subject
at all, and that never married. sshcr 70 asc
Kennedy or 70 Mss Wilson prior % the birth ofthe po
under The legitimacy Declarsos sct. v ''' o'"''
MIS- nedden, IN her address, urset that the
DSs "ss' her s.
ees,ed 70 be . Rltish subject; and Of that sns
bad abundant evidence 70 prove tho negative.
ssry 70 constitute valid marriage, bot parisos mshs
be proved BY The parties thsnscsss Do
~ doing those acts Which ssrs cs.nccy aoas 81 re-
specsAbie married people rbc (uhs hedden) hoped %
certainly sstAblhh : marriage b. Aasis ga rs,utsl
What ths Court was asked 70 believe thai grand
sS Ssa % sS e, s
coe.s.osslH ooeAslsd wan ~, sasdasa. s0s (M,.
her Graneno,hsr, and that lhoss honorable is
status q NJ. md MrsL snAm saeddsn had nos wIiran
perjured themseves ehe mat shs should hav
which enc ws plsced-syneashy, NOS for her o.se 10
for hsrseh She Eel: THAI some prejadics might sl,
esUseiss Of her srasdnssSsr; ana an spussSsn 10
might be onsertsned lest In age when 90 mncn ws
s.,d q .ona.s rsh., o,Asr Isales nisss Be Induced
felt Vas impossible thai her pss ccah ever nav
msSy in1isAtoss In ihe arst place, shs oonssi,u
aso thai TIE appalling difficulties shioh abe hsd 10 fao
and the painful posissOa in vhoa found hsrs ws
sosa Venture spss o. = s,suss: s insn'A s'a
Sir creawsl said shsrs NJ : preliminary ouss,,o
k-whrsbsr, The oours we've % mshs deorss VI raw
q shs psstioe would ncs Be ecaxaveniss dscssous
II that were o. m would b iatal 70 NE pss,iou. nm
the decision o. Mis- Court o. Nat preliminary 7uess
might s's S.1s been s.a s = :,s- .s =,
thought proper not 70 ALLOW sooner less The evidence
:o.s Of lhs vtossss propcssa . - sz.nlsed should
nscsss.sy 70 ra'ss and determine the poiss
his shedden susuissed thai mo Judsr Ordinary b
mercy = part q N. c.ss, ana ,has aiss.
for SECESSION IN We end q me whole assunssl
s,on nss b asusd 70 morrow, ana Z NJ. ID sSca
vhned see might have tbe ssssasanos Of ouasei
's. "a :ss 10 S...s sss ss
Court
Misc acdden then resumed her ssatcmsnt, which
osd not concluded vhsn this uours ross.
SECOND DAY.
bh morning Mn rhvcccn applied 70 The Oomt
allow ~. Phliimore, c. tos xamipe for her swo 100
witnesses, Who we're IN astendxDos 70 prodocc dooum
ary evdcncs, bot sho could rot Iosgss stay In Lsad1
NJ. Roocruos, deputy keeper Of The records OF A.
lard stated hat he must return 70 marrow " ~ iab
70 attend the election Of soostsh pe-r. de sncui
isel u hs duty 70 take beck Ne pspern vhicA hs
brought ian him.
me Court sAsd that sny evidsncs which he rr,sh,
before them must remain til the end OF tbs tsIa
Mr.. Robeffs obsrwve6 that he had q duty u perA,
10 he Oourt u 6Esrsoas, Of which he "a of8asr
u would be nocnsssent viii that duty eeve tse
behind him.
me Court desired The warrant ~ The Iowa o-,,,
auiherixDs The witness N attend with the dos 40
b. rsad. and Appearing DO a that NJ R5b,rt,rp
been served with . subpoena dposs tenn and tn.t
warrant merely direcseG HIN W br,ns shc p.peys h
sftsf tne MAJ me Court Tered them 70 ia haaa., h
NJ. Robertson ssd ne would comply, provided tsat
rfswvsr would awe him . rccsipi for tbs occ.,rs
And an undertaking u resnrn them