EARL OF YARMOUTH BRINGS A LIBEL ACTION.

New Zealand Herald, Volume XXXVIII, Issue 11692, 29 June 1901, Page 2 (Supplement)

EARL OF YARMOUTH BRINGS A LIBEL ACTION.

OBTAINS £500 DAMAGES. Tub libel brought by the Earl of Yarmouth against the New York Morning- Telegraph concluded in the Supreme Court of the State of New York after five days' hearing. The plaintiff claimed 25,000 dollars damages. The libellous article held up the earl to public ridicule and reprobation as a bad actor and a hunter of American heiresses.

. ' In opening his case to the jury Arthur English, attorney for the defendant, declared that the plaintiff's name is Charles Francis Seymour, and that; he is not. ;he Earl of Yarmouth, as he will not succeed to the title until his father dies. . " We will show you that this man, calling himself an earl," continued the lawyer, "disgraced hi;? family name, painted his face, rouged his neck, painted his arms and breast, wore petticoats, and assumed the dress of a female ballet dancei."

The earl's cheeks flushed as he listened to the tirade against him. It was alleged that his associates in Engl/,nd had been Lord Alfred Douglas, the Marquis of Anglesey, and others concerned in the Cleveland-street scandal; in America, it; was said, he had failed as an actor, sold bull pups for a living, borrowed money from his valet's wife, given worthless cheques for 'boa.rd, contracted many debts, and sought the hand of heiresses. The first witness was Edwin O. Christie, a reporter, who wrote the first article involved in the suit. He had been informed by the treasurer of the American Theatre that the earl had been dropped from the .list of performers at a Sunday night concert because he insisted on being advertised only as Eric Hope, saying he received an allowance of £1500 a year on the condition that he should not use his title while on the stage. Mr. Christie was also informed that the earl was so poor that it was doubtful if he could pay his laundry bill. Q. What was his reputation as an actor? A. So bad that I would not waste time going to see him. As an actor, he is worthless and tiresome. During tiiie hearing of the case the earl sat next Miss Silvia Green, daughter _of Mrs. Hetty Green, reputed the wealthiest woman in the world. •/ Miss Green was richly and neatly dressed, and talked with the earl for a long while, having met him several years ago. She has been subpoenaed as a witness against him by Harry oilman and Arthur English, counsel for the defendant. While counsel would not admit it, Miss Green, it is said, is one of the several wealthy young women who will be called to support an allegation to which the earl objects, that he has sought the hands of several American heiresses. In the publication of which the earl complains it was asserted that he was short of funds, and,, it continued, "he has practically giving up finding an heiress, and unless some such lucky accident as that which befel the Duke of Manchester brightens up his prospects it is not too much to expect to find him driving a cab before long. " The earl would go cheap these days, and lie can without doubt, be secured at a figure far below the market- rate for earls at this time. It is true he Is a bit shopworn and damaged in reputation, but the Zimmermans have demonstrated that a very tacky nobleman can repaired and made as good as new by the expenditure of a little money." Other statements reflected on his ability as an actor..

In answer to the complaint the assertions are reiterated. Then comes the allegation "that said Yarmouth, although a nobleman by birth, had in Australia advertised himself as a female, and that he had appeared upon the public stage in the garb of a- ballet dancer, and had deceived the public with the belief that he was Mile. Rose, first ballerina of the San Carlos Theatre, Naples, and that when said deception of the said Yarmouth was discovered by the public lie was forced by the indignation of . the public to retire from the stage." . It is further alleged, in the answer, that the late Queen of England learned with great indignation of his pretending to be a woman ballet dancer, and wrote reprimanding the Governor of Tasmania for having received the eaj.l at Government House, and another letter showing satisfaction that Government House, Melbourne, Australia, had been closed against him. It is asserted that the doors of society were closed upon him in England by reason of hiss reputation. Mr. Hummel, counsel for the complainant, had commented uponjhe fact that the defence had subpoenaed as a ■witness Miss Silvia Green, daughter of Mrs. Hettie Green, who is reputed to be tho richest woman in America. The young lady was not called to the stand.

" That was a bluff," declared Mr. Hummel in Court. " They did not dare to put her on tlie witness-stand. They knew that she would ram down their throat the lie that the earl had' sought her hand. " They thought that through Miss Green they could force the earl to drop his suit, lint they figured without their host. They did not take into consideration Miss Green's mother and the backbone of that remarkable woman. She sent her daughter into Court to face them."

The Earl of Yarmouth admitted that he had spoken to Mrs. Green about hi.3 suit. "When I heard," he said, "that Miss Green had received a subpoena I went to her mother and told her that I would rather drop the proceedings than cause Miss Green any annoyance. Mrs. Green insisted that I must continue and vindicate my name. 'If you have a good case, press it,' she remarked. ' You must not withdraw.' My daughter will testify, and if you want me as a witness I am ready.'

" '.I can say that you were damaged, for I shall not allow you to see my daughter until you have submitted the attack upon you to a jury.' " Mrs. Green and Miss Green remained during the trial in the Chemical National Bank, where they could have been found at any moment ready to go into Court to disprove the charger against me so far as. they were concerned. I was informed that other ladies of my acquaintance were*annoyed by being subpoenaed. Mrs. Dahlgren was one of being subjected to this annoyance. I hear that she remained by the telephone in a condition almost of nervous collapse, expecting to have to appear in Court." The outrageous character of the attacks on his lordship's private character caused widespread public sympathy for him, and his frank and manly character in the witnessbox palpably impressed the jury in his favour. The jury found in his favour, but assessed the damages at only 2500 dollars (£500).