CLAIM TO A PEERAGE

Dominion, Volume 11, Issue 115, 1 February 1918, Page 5

CLAIM TO A PEERAGE

WATERFORD CASE OPENE®? o London, January* 30;j o Thp hearing of tho age case has begun. George Bedford, or George Tooth," asking for a declaration that ]ie,,|» the lawful son of the■ .fifth Marquis-flf Waterford, who married Florence yan after a divorce action in 1870. The respondents allege that Beresford is tho natural eon of Georgina Tooth, and was born in a Holbcjn workhouse. Georgina Tooth was a sister of Mrs. Vivyan's cook.—Aus.-N.#. Cable Assn. j.j A preliminary stage is the case was decided on November 12, when thje Court of Appeal heard an apneal from an order of Mr. Justice Horridge in ji claim of a gardener, known as George Tooth, that he was the legitimate son of the fifth Marquis of Waterford : The Judge had refused an application ' for leave to use- in a suit for declaration of legitimacy, evidence 1 -.already given in another-suit, but made an order that the evidence should be taken on commission. Mr. Hume Williams, for tho appellants, said the plaintiff, a gardener, , asserted that he was Marquis of Waterford, and entitled to the titles and. the estates. The defendants alleged that on March 29, 1873, the wife of the fifth Lord Waterford died after having had a,stillborn child,'and they wore juried together. The Marchioness had had a cook whose .sjster, a'woman named Tooth, about that time'r.pr a little earlier gave birth to au illegitimate child. Out of sympathy Lady Waterford took Tooth's child out tif the workhouse, and • after her death tho Marquis had it educated. ~Tho defendant's case-was that that child was the claimant, but the claimant said he was the child alleged to "have been stillborn. In 1914 the claimant began an Taction for slander against Mrs. White,, formerly maid-companion to Lady'Waterford, for a statement that he, was not the Marquis of Waterford. The statement of claim was struck out, appeal dismissed. Then he begaiv'to send abusive and scurrilous letters' 'arid post-cards to Mrs. AVhite. In one/'of those the claimant charged Mrs. AVhite with having murdered Lady Watefford, his mother, by putting arsenic J in her medicine. Tho claimant was • arrested, and at the Old Bailey, whwo ho pleaded "guilty," his counsel offered profuse apologies, and he was bound over. ,r j The Court allowed the defendant's appeal and discharged the orders of Mr. Justice Horridge, holding tfiat tho evidence taken was available, and could, ho read in Court at the trial.