A Scotch Marriage Case.

South Canterbury Times, Issue 4070, 28 April 1886, Page 3

A Scotch Marriage Case.

A few weeks ago, in the First Division of the Court of Session,Edinburgh, judgment was given in an action at the instance of James Frederick Shaw Kennedy, late of the 79tb Regiment now residing at Ormond road, London, against hia father, Mr John Shaw Kennedy, of Eirkmichael, Ayrshire. Farmer sought to have it deplared that his son, Sidney Yernou Shaw Kennedy, was legitimate, and was entitled to tbe rights and privileges of a child born in lawful wedlock, having been legitima? tised, it was maintained, by the subsequent marriage of bis parents, Defen* der denied that the child was the offspring of tbe pursuer. The evidence was to the effect that pursuer met a girl named Clara Webster in Piccadilly, in January, 1874, and that in October of that year she gave birth to tbe child who formed tbe subject of the present dispute. Subsequently pursuer said he gave up Webster on account of bis father’s opposition to her, and was engaged to marry a Roman Catholic widow, Webster, meanwhile, be said, went to live under the protection of a married man, but in August, 1881, be returned to and married her. Tbe evidence on behalf of defender was to the effect that Webster led a loose life. Lord Trayner, in the Outer House, held it to be not proved that Clara Webster, notwithstanding the example of her mother, led an irreguiar life. The paternity of the child was admitted by tbe pursuer at tbe time when he bad no interest or motive in making such an admission. He was clearly of opinion that the defender bad failed to establish bis averments, and be gave decree as applied for with

modified expenses. Their lordships afterwards unanimously affirmed the decision. In giving the leading opinion, the Lord President said that the defender had attempted to prove that Mrs Shaw Kennedy had been a person of loose and immoral character, but the proof in that respect really amounted to next to nothing, and the attempt that bad been made to prove that at the time of the first acquaintance of the pursuer and bis wife the latterwas unchaste had entirely failed. There conld be no donbt that tbo paternity of the child had been proved, and that the pursuer was entitled to the declarator be sought.