Arizona republican., 1914-04-13
TRIAL OF THE DOUGLAS CASE

The Douglas case is undoubtedly the greatest civil trial that was ever held in Scotland. The case arose through the death without issue of Archibald, Duke of Douglas, on July 21, 1761. The nearest heir was SUD- posed to be Archibald Stewart or Douglas, who, it was claimed was the only surviving son of the deas- ed Lady Jane Douglas. the Dukes only sister. It was stated that Arch ibalds birth had taken place in Paris on the tenth of July, 174S. To confirm this several witnesses who were presented gave testimony, and he was placed in full possession as heir of the duke.
 This position as heir vas not long unchallenged First of all actions were raised against him by the tu- tors of the Duke of Hamilton and the Earl of Selkirk, both of the Douglas family and next heirs male to the late Duke The court of ses- sions decided against these latter claimants. On December :, 1712, a new action was commenced against Archibald Douglas by three heirs of the late Duke
 The summons narrated that The said Archibald Stewart and the other, pretended male child of which the said Lady Jane Douglas was said to have been delivered. were spurious and were not the children of Lady Jane. as would appear by a variety of proofs.' ss@ The first step in the process was that petition was presented to the court on December g, and answers to this petition were ordered, and another petition was also presented praying for an immediate examina- . tion of Sir John Stewart, the late Lady Jane Douglas husband, on the ground that he was going abroad He made a solemn declaration that Archibald was the only surviving son of his late wife
 During the following year, after an | investigation in Paris, it was sup. Sir John, Lady Jane and Mrs. Helen Hewitt, witness, had gotten to- gether supposititious children. All the | evidence on both sides was gathered together and the trial was begun or
 July 1, 1766 The many conflicting | stories had created immense popu- ! lar excitement all over Scotland of s500,O00 depended upon the out-
 come of the trial The betting in. i clined toward young Archibald | Douglas.
 The first few days of the tria
 Sir Adam Ferguson, Andrew Crosbie
 William Nairne and John Dal
 rymple spoke for the pursuers
 were Alexander Murray, Henry Dun
 das, Robert Sinclair and David Rae The pleadings were then the longes
 ever heard in a court of justice, last
 ing in all twentyone days, and tn speeches were each often two an, sometimes three hours long.
 Then the evidence on both side
 was begun and the case dragge
 on through the entire winter an
 spring On June 23 and "A, Isabt
 Walker, Lady Jane Douglas
 maid was examined. On July [, tn
 advising of this great cause began
 and the Douglas case was carried i
 decision was so unpopular that tn
 windows of the judges favorable t
 the Hamiltons were broken and tn president received letters threatenin
 him with death. Douglas was un doubtedly the popular favorite. The case was then taken befor the house of lords, who did not talk it up until the session of 176S-69. o
 the 18th of January, it was begun for the appellant there appeared tn lord advocate, Sir James Montgomer
 and Sir Fletcher Morton, and for tf respondent, three well-known legs lights.
 The lord advocate opened the cas
 which was continued daily before tf
 house of lords until February 2 { when the verdict of the court ( session was reversed, and the lord affirmed that Archibald Stewart Douglas was the lawful heir. Whe this was known in Scotland, wild jo ] was shown, and the Douglas aC l herents made it dangerous for the ! opponents to reside in Scotland unt military was called out to re ! store order. !,
 norace Walpole gives the follow ing account of the lords speeohe and the end of the trial: 'The Dul of Bedford Lord Sandwich ann l. { Gower were the most Zealous for tf Hamiltons. Lord Mansfield, it he long been discovered, favored tl l Douglas; but the Chancellor Camde ! with dignity and decency. had col { cealed his opinion to the very day ] the. decision This ended the r markable trial as to whom was he to the Douglas estate.
 }l Actions of reduction, however. col : tinued to harass Mir Douglas un . 1779, when these were finally settl = in his favor by the house of lOrt ! upon which Douglas wrote to ! brother: The house of lords yeste ! day gave me a full and free liberati { from all further disputes in law, a { the Hamilton family have now T { the smallest pretensions to the sma