The Sun.
London, England, 1861-12-24 00:00:00

Mr. Fraser—She called a lady of quality to prove
her identity; but, even supposing that an irregu-
larity had been committed in taking that evidence,
was the irregularity ;to go on after: Vie objection
Was taken P He granted that the defender was
entitled to meet whatever line of evidence was
opened by the pursuer, yet when the objection was
made to this proof, taken at enormous length, being
nearly half the defender's proof, and consisting of
an attack on the lineage of the pursuer, and at-
tempting to show that her father and mother were
not married, that her mother's three brothers were
engaged in trade, and that her grandmother kept
a shop, surely the court was bound to give effect to
the objection. Equally irrelevant was this attempt
to show that the pursuer's conduct in former days
had been somewhat light, and that before she met
llajor Yelverton she was in love with Dr. Alsop. All
this was to set up a collateral issue which was no part
of the res gestee of the case. The whole object of this
proof was to thro w dirt on the parsuer,and all applied
to a period before her intimacy with the defender
had commenced. Now, it would be a great cost and
waste of time to get up proof in answer; and in
making his objection to this proof the only reply
was, not that it was relevant, but that the pursuer
began it.

Lord Ardmillan—l do not place any weight on
this proof; for the humblest person of the worst
lineage was entitled to justice ; but if the one side
I° f this proof was relevant, so was the other.
_ _

Mr. Fraser proceeded to refer to his other objec-
tions. He objected to the evidence of Mr. Tippets,
the London solicitor for Mrs. Forbes Yelverton, on
he ground that he was an agent in the cause.
Mr. Millar, for the defence, repudiated the im-
putation of attempting to throw dirt at the pursuer.
• All the defender had done was to strip the case of
Any little meretricious effect the pursuer had
aad endeavoured to throw around it. They had
simply brought out what they believed to be the
facts of the case, leaving it to his Lordship to deter-
mine its competency, and value of the evidence.
He did not say that to enable the pursuer to succeed
.f her case were otherwise good, she was called on
o give any account of herself at all, but if she chose
'o set forth circumstances which she thought would
;ive strength or effect to her cm* then undoubtedly
4 he must stand the result of inquiry by the defender
oto all the circumstances. He sympathised with
he pursuer in thinking it would have been better
Jot to have called any evidence in this matter, but
,when the pursuer attempted to make herself out to
)e a great lady, and to cast a halo round herself by
showing her fine feelings and susceptibilities, was
,he to be entitled to say to the defender, " You
shan't inquire whether my statements are true ?" It
vas true that all this evidence did not affect the
nain issue, but the pursuer had chosen to make a
2ollateral issue of her character and status and they
must meet her upon that issue. Mr. Millar defended
the admission of Mr. Tippet's evidence on the
;round that he was not an agent in the cause, al-
though he had been employed as an agent on a mat-
ter arising out of the same cause.
Mr. Fraser, in reply, objected to the evidence as
to ancestry and character being left on the record
In two practical grounds. The first was that it
would be extremely expensive and troublesome to
meet it, and the second was that it was utterly irre-
levant to the case. With the former ground the
court, of course, had nothing to do, though it
weighed very much with the pursuer's counsel; but
)n the second ground the court was bound to pro-
tect the court from the attempts of parties to encum-
ber the procedure with a great amount of useless
irrelevant matter. Here were a great number of
stories and collateral issues which had nothing at
all to do with the present case, and could not affect
it one way or another. Here was a story about a
Dr. Alsop having at some former period courted
Vass Longworth.

Mr. Millar—Miss Longworth courting him.
Laughter.)

Mr. Fraser—Well, he courted her, or she courted
him. That had been thrust into the record by
the defender, and why were they (the pursuer's
counsel) to be forced to meet a piece of scandal of
that kind ? Then the question about her legitimacy
was thrust in, without ever having been raised
by the pursuer, and it also had no bearing on the
case, even although it were proved. As to tho
point about her ancient family, it had only been
stated incidentally by the pursuer, and it might or
might not be corrected without prejudicing her
case one way or another. It might be quite true
that her three brothers were engaged in trade, and
it might be a very interesting family inquiry
whether it could be shown that the Longworths
had not been at the battle of Bosworth-field ; but
to crush a quantity of gossip and scandal of that
kind into the record, and force the pursuer to meet
it was exceedingly hard.

Lord Ardmillan—That is not the point. Ido
not think the evidence of the slightest value in the
ease one way or the other. It is vain to suppose
that the lady can be either the better for her long
lineage or her shortlineage in this particular case;
but I never heard of a defender being refused leave
to follow the pursuer into a line of evidence which
the latter had originated.
After some further debate about the evidence of
Mr. Tippets, in which his lordship expressed his
opinion that he was clearly an agent, but that the
objection had not been taken at the proper time.
Lord Ardmillan intimated that he would issue
an interlocutor admitting the evidence already given
by the defender, leaving it to be
• suer, because he could
never
allowone party to
met by the pur-
_ make testative statements, and to withdraw them
produced against them.
after evidence had been

A letter frau" Cannes, of the 19th, says :—" On
the death of General Bowater, Prince Leopold was removed
from the Villa Leader to the Hotel Bellevue, in the neigh_
bourhood. Lord 13rougham was so greatly affected at
- learning the death of the Prince Consort, that he was for
some time ill and unable to leave his room. His lordship is
now recovered and in his usual health."
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