ROMANCE OF THE PEERAGE.

Dominion, Volume 2, Issue 414, 25 January 1909, Page 2

ROMANCE OF THE PEERAGE.

•;:/.. ; ■ ft ■" ..' ." "'- , CLAIM BY A SPANISH DANCER'S. SON. J. .VALUABLE ESTATES IN DISPUTE. The romantic and extraordinary story un : » del-lying the disputed claim to the Sackville " peerage and estates at Knolo, Sevenoaks, was : unfolded in- the Chancery Division before Mr. Justice Eve.:. '■../.:■•. . The following are involved in the case: The late Baron Backville: Died in September last, aged eighty*one, having Bpent forty-one-years in the Diplomatic Service, his last appointment. be'iug as Minister Plenipoten- : tiary to the United States. ."■''.'■ 1 . Jlr. Erntat Henry Jean Baptista West •'■ Claims to succeed the lete Lsron in the pearage and the family estates, alleging that he .; was a legitimate- son of Lord Sackville by a ■ secret marriage. . ; v :■' ' ".Josephinn .-.JJuran de OrtPga; Claimant's mothmy now dead iA, beautiful Si'iinish dancer; alleged to have been secretly married to Lord. Sackville. ■" - Mr. Edward Lionel Sackville-West: Son of , the-inte Lod .'Saekvilip's younger brntlier; - aged forty-one; major in tho West Kent Itn- > pehal Yeomnnry; formerly regarded as the heir-presumptive.; defendant in the present - proceedings. . . Knole House, Kent , The RackviNe home, / Oho of England's oldest .and most famous full of:art treasures, 1 with a park of Ibpu acres. . ■ . ■ ■.-... - r The claimant. Mr! Ernest Henry; Jean Bap-: tiste. West, whose legitimacy Is - in issue, asked ior the appointment of a receiver and manager ;.ftf the rents and settled funds pending, thy; result of what promises to he .. protracted litigation. "■ '; ■■.■■■■ . ■ : ;Y Claimant's History. '■".-.' Mr. Ogden Lawrence, .K;C., for the claimant, stated that the main object of the present application was that iho rents might ibe kept safe, and that the tenants ■ migh't , mot have to pay twice in tobo of the daimf :ant.s sucoeev in the. pending proceedings. r . ;;Mr. ■.L'lwrenco said that when Lord Sact ™f died,.-his nephew, Mr. Edward Lionel Sackville-West, was'living with him,, and I that nephew claimed to be the person en;tereii in .■• title. . He would succeed if the ■claimant .Ernest Were found to.bo illegitimate;' .Since ;the; late lord's death the-nephew- .: ana : liis wiiD-haa/lefjt ..the ,1 mansioh house at Knole/ which :had beer '"wed; and the .-• whole of the rents;'and pi , - '■■■Cy were being - managed "by Mr. Glasier, fua was agent for I the late Lord.Saokville. "'■•."': VHr. Lawrence said he wanted the question > of legitimacy '-to b> tried : by a jury, the title ■ and estates, defending'-on it. [A Petition [ entered in 4ho Probate and Divorce Division in October 1907 to obtain* declaration of the claimant's legitimacy is Still -pending.] •Proceeding to 'explain : the . facts of' his case, counsel said that the claimant was bom at Arcaoholi/ili the Gironde,. on June 24, 1869,,hiB.'fatl«er, : .the late Lord Sackville, ' being then the Hfcn. Lionel Sackville-'Wost, fifth son of Lord- .De. La Whfr, who Was at' the time.First Secretary to'the British Embassy, at Parish His mother was Josephine 1 Duriui do Ortega,; tfho had been an aocom:plished and beautiful "Spanish '■■ dancer. The . birth ;cortincate of the claimant, signed by, his father> .was read; also the 'certificate ■ of. baptism, which 'took place-on-July 11, ' 1869, the godparents-bdn». the Duke of . Saxe-Coburg-Gotha and tho Countess Dβ'Bion. ' 'On the baptismal "document the parents were described as-the -Hon, .Lionel .Sackville-'Wcst ,ahd Josefa de Ortega. /■-.;■■"'' The claimant's mother, died On March 10j 1871, at '. Areachoßj a»a : in the register of deaths- she -was desoribed -as the wife;.of j Lionel Sackville-West, ■ .-".' . [ Mr.. JeSsel.: Was the death registered by . • .'•: '.' : . . i!ve (having perased the docuj ;,ment),: I.think no.t.j-.i v.^.i-. ■ , ■ t ; ;^'?Ha : Boutii"".ATrtoaii ftrmer. - -■'' '■-. - ;Mr. LawrehiCßj -continuißg, siiid that on V 'March'-SOjilSTli'annbuncoments. of Masses -■ for thpifopose of'the bM of-tho claimant's .• .mother 1 the'public press. In , ;?ne -of., these,.'.'Lionel/'de: ;Sackville-Wost; -. Fitst, Secretary: of "the-British Embassy at Paris,, ,'and Minister , Plenipotentiary par interim, begs his Wends and acquaintances to assist.Tn/one of. the Misses held in the Church jDJt--Notre.Dame oh Mai-ch 21 for 'the repose of the sbill of Josephine Countess de.SackviHe-West, his wife." ■.' Mr. Lawrence went , eh to state that the , Hon. Lionel Sackville-TVest administered his > wife's estate" ns her husbahd, and took her property.,: He also administered the estate of the son at whose birth his wife died, and who only: survived' a , :.few days. 1 In 1872 Lionel was transferred to -Argentina, and the claimant;Erhest was sent/to school in France , when he reached the ago of eight in-1877.' : Mr. : Justice Eve-: Educated as' a Catholic? v Mr. Laivrehos: Yes, On September 30, ' 1881, his. father.took him away.from t ranee ( and.sent him. to ,a college -at Stotiyhurst, in England/\yliere he personally ehtered him 'as his son. InlSß6.the claimant .left Stoiiy- ; hurst and. Went 'tb South Africa to learn ! farming. ■ , . : ■ .In 1838 Lord Sackrillo wo.s reo'aiittl from Washington and settlftS at Ktiole. He died On September: 3 last.- •■..'■.:'• . '' I!' The claimant did not go to'the funeral br attempt to. take possession. He.did not ,- want to ereata sceties or have any unpleasanti ness,: but desired to have Ms- fclaim tried in , the. proper. Way. On the fabts stated there ■'. was a prinVSi fncio case that'he was-a legitil. mate sen;.but tliero were two main points raised against tho title. " "..■•.'.■'• [: ; ■The.flrst.was that: ;■ ■■■ :.:•"■ :'■';■.':,■". ■• ;; "-.:. i. 'From; 1881 (ten years, after his wife's ' ■;.: death);.dowiiward : the ' father himself had !■■ , .under-his;.:bwn.hand ;, dedared over atfd ! '■ -■over".agalr:th&t legitimito [■ ' childrem;; r ■ : ■'■■... •-■": -.-.■ .p • That was a matter that wfjtild have to bo seriously tonsidered. -.-' It was evidence, no doubt). kit. Was ■ n*t conclusive evidence) as to whether thetohad be&n a mafriage: ' . The. socohd .point was: .-t-. . - The claimant when in South. Africa (then" about seventeen) was told and believed he was illegitimate,, and on the date of his ; sister's'marriage.he.wrote to her and said that both he and she were illegitimate. That; was.&-matter which, of course, the defendants-were Entitled to rely uptm,- , . , and : it would have to be sifted the jury; But ■ his father never told him so. ■ , . v ■ } .•• ■ Mr. Lawrence , said ■■'.- there' was : another' main point made against his client. It Was:—"- •'. ,'■;■.' ; -■.-: .;. ;. '• "■■/ .. ' ■■ That his .'mbther Was married to a Spaniard on January 10, 1851, and that , her husband was Jiving at tho date ofsthe , marriage or suggestecT marriage with the " flon. Lionel'Sackville-AVest. : . ■ The claimant's answer was thftt hb such marriage ever took place. There had been and was now- in evidence a certified copy of the 'entry of that marriage; eowiiig from tho proper quarter in Madrid. That had given rise .tcr.a. considerable amount of litigation : ih '.Spain of a funny kihd, because, counsel explained. .-"When: we looked at the entry ourselves We fbUhd two very curious thiugsi The certificates giveh<: Wore clean '■ .eertilbates-'of that but when tils I entl-y itself- Was examined it was seen that the naines of the parties were written over ereeures.. Someone else's name's had been Written there before."- .' \ Mr. Jess&l: Or tho same names. Mr. Lawrence: Our experts say'they could not be the sambhamos/ - We also found that in the.maex to the regieter tlwire was no re- i foreiice to this marriage except ih ah iuterlirieation. ■.. .-.-■. ■,:-... Mr. Jcssol said that was not in evidence. •. : , Allegecr Ftifaefy, • Mr.' Lawi'BHco stated that in connection With the olitfythefo had been criminal prosecutions in Sjiainj and one wfls now pending . It had. been suggcst&d oh behalf of tho defendants, in this case that the claimant was ; responsible for having tampered with the entry;;; It was certain that otic- person was triedifor it and acquitted. : It eamo out that the entry had been tampered with or forged. Then' the .defendants.arrested another person, Wlio was a relative of the claimant.Mr. Jessel: ■ A cousin f : . ... Mr. Lawrence-! Yes j for forgery, and the J tela! is eijjabtea liekt mouth. ■ .

Continuing, counsel stated that, in: 1890 one of: the daughters/of the marriage, a; sister of the claimant, married the defendaut, and they lived at Knole down to the time of Lord Sackville's:death.. It would be a marriage of first .cousins if she were' . legitimate, .-.v " ■■.-■, .'-,'' : -■'■■' .■■,> ..Mr Justice' Eve: What was : her name? _ Mr. Lawrence: Victoria; Josephine . ie another of her names. . In 1896 the claimant, ; realising tlio seriousness.---of _ his 'position,;, returned from Natal to get himself acknowledged by his father-'as- a legitimate son, ! and on failing to get his father to do so aci tions were commenced... - ... ■'■'•■.' . The first was in January, 1897, for perpetuation of testimony, in which Colonel ; Williaifl Edward Sackville-West,_ the present defendatit'j father, was plaintiff, together " with .the defendant,;- .his: wife,, -.two ; daughters, and two; sisters. The defend-. - ants' to that action were the present plaintiff' and/'the. Atterney-Genonl. -.-. The, . plaiitifl's. in that-action represeited-::the.. family who Would be entitled if the claimant; 3 were illegitimate.' Orders were made in that j- action under .which the evidence of various persons was taken : at Arcachon, F Bordeaux, and ; London. Lord Sackville hinvj self.was examined.;,; Jv : . ', ;.' Secret Marriage Suggastion. f .The claimant , himself commenced an acj tion in the Chancery Division in July 1902, . claiming the title and estates. He did not » succeed in getting testimony of the mart riago perpetuated.; He had. now-filed "a. petition, under; the Declaration Act,lßsß, which Was pending. He had.bepn 3 .unable te-do this before on account of lack c . of .means'..-;'":;: ■'•.■;,; ■..' : '/'<■- '' '.•' -■' ■■--. . One'phase ;of the case,-.which had not been disclosed. previously, was that', undoubtedly . before 1 the year 1863 the claimant's father j and' Mmc. Josephine were living together j without having been married, ittd during 3 that time.several children were- born, who "■? were ;undoubtedly . illegitimate: - ■-. MaXj. the eldest, was born-in". 1858, and;; ■ was registered as a child of tho. lady,. ; i- father; unlinown. ;;.'.:. ...:.:: ..-■'. . -'■'.' ; Josiphine Victoria was born in Sep-,'. i. temher 1862.; : .; : V . ;>, : ;,.- b In' Jene, 1884,.L0rd Sackville-Wcst .was t appointed to A responsible position at the - Enibassy ih:Madrid, and a child was born in 1865y which died almost immediately. They - now came to 6Otti6what - Temarkable facts. On 1 November 11, 1866, another daughter. Flora, 1 waß born, and ;she was on-November 12 pr&i - sented and registered ;as the chfld of-parents--3 not'named , ; that: was pi Afcaflhon, France. - All'counsel rould suggest \vaß-.; that. -.the. r. father'-was'absent at the time, and that-the' a bitth -'was registered by the'.midwife. r : That a ,haying come, to; the knowledge of tho.father.. ; '.he':'-'obtained a' declaration of; legitimacy of' r the child, and : that declaration, -was- signed by : him and the mother, -his- "legitiinate 1 wife."''. That;was the first step taken-pub-. e licly'to announce the'marriage, and it Wae ain August, 1867. .: >::":.- .-" '■-■ ' '■■.'■■•■■■•'■ j Counsel said his cass was that..between, f 1563 and 1867, at a date and place Unknown, they were married. There could be iio doubt s that they'li'vfed together as husband' and . wife, and.were.Bo acknowledged.in society, e Another'child; Amelia> was born oh'Feb- , ruary 16,1863, in Paris. Shewas registered ' by the, father as the legitimate.daugnter of }; himself-jahd his wife. 1 .. At her.' baptism her; godparents \vcre Prince and Princess-Adal- » bert of! Bavaria, and the Infanta of; Spain ~ Tas'present.; It must; therefore, have been p a very, public affair. ; .\ ''■".-'...■:. I It was quite clear, said 'counsel; thaWrbm I 1867."t0 1881 this lady, was: recognised as .the wife of .the liite : ;ljord: : Sackville, and'.hir J -cliildren were recognised as legitimated She. was; - known by" everybody in. Paris ' 'as. his. " a wife..'"-.:-:'-:-'-':-- ■'■: •■■:-■ ;■'■ .-.'/ ■; : .': ■''■■'■ t Giving judgment,' his Lordship said that on the '.mam ; iss'uo in the -pending petition^, whether the late-Lord Sackville was ' not married to the lady who was plaintiff's , mother —he would express no.opinion; it wal an open:question; ' ;' '"/'■' >"'•■•' ■\ - ; ■ His Lordship declined to order the'.apS , pointmont of a receiver ~.■;' ■/.■'. ,-