THE ROMANCE OF A PEERAGE

Otago Witness, Issue 3334, 6 February 1918, Page 52

THE ROMANCE OF A PEERAGE

A LEGITIMACY SUIT. The Waterford peerage romance is once more before the publio; The London correspondent of the Argus explains the circumstances as follows: The title and estates are claimed by a gardener named George Tooth. The prosent (seventh) marquis is an infant, and his Interests are being defended by trustees. They rely largely upon the evidence of two old ladies named White and Vivyan. The etory of these two persons was taken in a e,uit to perpetuate testimony; but as Mr Justice Horridge refused to permit their evidence thus given to be used in the chief legitimacy suit which is about to b© brought by Tooth, the issue upon this interlocutory point has been carried, to the Court _ of Appeal. Mr Justice Horridge was willing to allow the evidence of these old ladies to lie taken ogam. The arguments in the Court of Appeal revealed the singular details of the main suit. These showed that the wifo of the fifth marquis died while giving birth to a stillborn child in April, 1873. Mother and child were buried together. At that time Lady Waterford had ei cook, -whoso sister, named Tooth, was burdened with an illegitimate child. Out of sympathy Lady Waterford removed tho child from a workhouse and had it educated, and that education was continued by the marquis after his wife's death. According to tho case of tho present marquis, by Ilia trustees, George Tooth is that child of illegitimate birth. Tooth declares that ho ia the child of tho marchioness, who died "in 1873, and that, of "course, he was not stillborn. The two old ladies whose testimony is now wanted are Mrs White, who, as Miss Kynaston, was maid-companion to Lady Waterford and arranged for tho illegitimate child of Miss Tooth to be lvir.ovod from the workhouse. She also had a personal knowledge of tho eirnumstanocs of the death of Lady Waterford and her child. Tooth. alleges that there was no stillborn child, and that Miss Kynaston was tho chief instrument in getting him out of the way, at the instigation of the Dowager Marchioness Christina, who was determined that the son of a divorced woman should not inherit the title. Lady Waterford had been divorced before her marriage to' the iifth marquis. Tooth's counsel also added that it was his client's case that Miss Kynaston received £SOO. a year as a reward for what she had done, also that the illegitimate child of the cook's sister disappeared through certain Roman Catholic schools. Mrs White (Miss Kynaston), said Tooth's counsel, is now 78 years of age, and in the Interests of justice it was desirable that she and Mrs Vivyan, a friend of Lady Waterford, who knew many cirnumetances connected with tho birth of the stillborn child, should both be examined. Tooth was prosecuted some time ag-o for writing defamatory postcards to both" these ladies, and, having apologised, ho was bound over. Ife was not till this year that ho brought tils legitimacy declaration suit. Tho Appeal

Court decided that the evidence taken to perpetuate the testimony could be road in court 'whenever the trial of the main issue comes on.