New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1903-08-12
LADY RUSSELL'S HUSBAND
Austria to Take Steps to PreUent
HIS Using HapSburg Name.

Brown from continuing to bear the name OF
Atrobald Stuart de Modena. under which he
ried her last winter. Brown. in letter addressed
to the London newspapers the close Of his trial
! for signing not his in the marriage
| Teg1ster-an offence equivalent TO perjury-an-
nounced that. in Difference TO the wishes OF his
wife, to whom he had become reconciled. he would
continue henceforth bear and be known
| by the name under which he had married Now,
| this announcement might be treated with con-
tempt and ignored, were II not fer the fact that
| in England, If a bears for g period of ten
| years name without any one making legal OPP
position thereto resorting to law TO enjoin MIN
from its use. he becomes ipse facto authorized by
| law to retain that So that if objections
| are raised by the Austrian Court government
! through the embassy In London to Browns as
| sumption Of the name OF Atrobald Stuart De
| Modena, he will at the close of decade become
lawfully entitled bear. only in England, but
| also a British citizen abroad. name that be-
| longs to the Imperial House of Hapsburg; TO
| branch thereof, in fact. which became extinct in
the male line in 1875 but which still survives on
the distan side in the person Of Princess Louis OF
| Bavaria. daughter of the late Archduke Ferdinand
| of Austria Modena.
The ex-coachman assumed the which he
now uses in order to confirm the story that he was
| ilegitimate of the Austrian Emperor and
| thus indirectly member Of the House OF Haps-
burg. The fact that he shown in court to be
the offspring English domestic servants who had
never been out of the United Kingdom and that
some previous convictions have been recorded
| against him under the name or Brown Goes AOt
| appear to distress him his wife unduly, anu Il
ten years hence nothing has been done to prevent
them styling themselves de Modena" they can
easily acquire by purchase from the Repuohc OF
San Marine the title OF Duke or Prince and can
themselves Duke and Duchess, or Prince anu
Princess of Modena.
Lest this presumption should seem too far fetcheo
and extravagant, 1 would mention that some years
ago the 'Herolds Amt" or Imperial Department OF
Heraldry at Berlin, in Difference to the personal
Of Tho aiS iUSti
against of some means for using the nooll-
| larry particle of won without lawful authority
that is to say, without being noble. It was even
said that he had right to the name ~nlch ne
bore and his birth illegitimate.
| The looked very black against hlIn' IiA0
and imprisonment stared him in the face, when
suddenly his lawyer bethOught himself OF the IaO'
| that his client had spent number or years III
England. and found investigation that ne mao
used there without any opposition or objection not
only his fathers name, but likewise the nooilary
prefix Of won" for period Of more than ten years,
True he was not a British subject but he had
during that decade his legal domicile In England
and this was enough TO establish. according to Eng
lsh law, his proprietary right not merely 10 ms
fathers name. but likewise to the particle OF Won.
This proprietary right acquired in England ne re-
tanned his return to Germany, and on this be-
ing shown the Berlin courts had no alternative out
10 dismiss the suit against him. and TO leave him IN
| undisturbed possession not merely Of his name. out
likewise Of the nobiliary prefix which ne had as
sumed.
Perhaps this will serve to explain why the court
Of Austria should be according attention TO such
very small fry the divorced Countess RuSseH
and her coachman- husband. and should be about 10
invoke the intervention of the Engllsh tribunals
to prevent them making use OF a name winch oo-
longs to the imperial house of Hapsburg.
The question will probably to some Of my
readers as to whether foreign embassies being
exempt from the Jurisdiction of the courts of the
III TEnTo ar iryy0E
the assistance and intervention OF these tribunals
when occasion arises They have this power. and
it is worth while placing the fact on record as 1t
is so rarely exercised that many people are ig-
norant its existence Indeed. the only case that
can recall just at the present moment OF its
being employed, when, some fifty years ago.
the Neapoutan envoy in London, by the direction
of the then King of Naples, applied to the English
tribunals for injunction restraining the Prince
of Capua, brother of the King from marrying
contrary to his family's wishes. the daughter of
Irish squire.
Whitaker Wright will be tried by Sir Robert
Wright judge OF the Kings Bench Division of the
High Court Of Justice, and cannot altogether like
the prospect For Sir Robert has acquired much
fame in dealing with precisely those species of Of
fences with which Whitaker Wright is charged,
and may be said to be thoroughly entitled to the
nickname which has been given TO him of the lit
tie red ferret" Before his elevation TO the bench
he was the terror of the occupants Of the witness
with tendency to poke their noses into everything
that offers the slightest indication of con-
cealing prey. And Sir Robert, a cross-eXaminer,
with his dry. keen. ager manner and his absolute
disregard for the feelings of his victims had much
in common with the little animal to which he is
Ikened Whitaker Wright will receive scant con-
sderation at the hands of his ermine-garbed name
sake and will doubtless regret that precisely this
particular occupant Of the bench should have been
selected Of all others to deal with his case.
Great is the sensation which has been created,
not only in Ireland but likewise throughout the
United Kingdom. by the action of King Edward
when at Dublin the other day in granting prece-
dence to the Roman Catholic Archbishop of Dub
lin. DR.. Walsh. the Protestant Archbishop
OF Armagh. who IS the Anglican Primate Of Ire
land at the levee held at Dublin Castle In fact,
to Archbishop Walsh accorded the pas i'm
nediately after the white haired Lord High Chan
celor of Ireland. before any OF the other great
dignitarIes and mobiles present at this ceremony
In paying this compliment to Archbishop Walsh
King Edward took the ground that whereas DR..
Alexander has been Anglican Archbishop Of
Armagh and Protestant Primate of Ireland since
1895, DR.. Walsh has been Archbishop Of Dublin
for close upon twenty years. It the first time
that Roman Catholic Archbishop OF Dublin. or,
for the matter of that, Roman Catholic dignitary
Of any kind description. had ever crossed the
threshold OF Dublin Castle. where for many
hundred years ''Popery'' ranked treason to the
Crown. Indeed. TO this day Roman Catholics are
barred by statute from filing the Office OF one Of
the Lord Justices, who are intrusted with the
powers Of Viceroy whenever the latter has oc-
casion TO leave the island.
OF course the ultra Protestant element OF King
Edwards subjects Of England loud in their
Remuneration of this concession on the part Of the
sovereign 10 the Church Of Rome. But 1t meets
with the approval OF all broadmnded people. who
with rfChT hat {uac rr, fa