The sun. [volume] (New York [N.Y.]) 1833-1916, 1899-02-12

sympathetic mood he showed TO the reports
who broke the news to him OF his repute'
fathers death. The interviewers have infected
him with hard. worldly views. This is what HI
said to the last OF them:
Look here. old fellow. / have had half
dozen OF you paper chaps here tonight, IT.
like this. you newspaper chaps come 70 me and
get my yarns. for which you are paid and
get nix. Now. straight-no money. no talk
There's been a fellow up tonight as wanted
that pointing to q photo OF his barrel organ
II would not let him have Il. Pay me. and YOU
/, can take It,"
The British public is not likely TO expend
much sympathy on either claimant personally
but the law on the question OF the succession
to the title Ia vaisinR interesting discussions in
many quarters. The best legal opinion Ia that
the title descends. in spite Of all deeds. to the
eldest son OF the late Earl who was lawfully
beRotten." 1t Is admitted that the organ
grinder. who was registered as william Tur-
nour Thomas" was born lin wedlock'-or in
other words. that his mother. Elizabeth La
vinia Poulett.' was lawfully married to the
then Lieut.. william Henry Poulett. who be-
came Earl Pouiett. The legal rules TO be
applied to such n case are we'll settled
In principle. although their application in
practice must obviously depend on the cir
cumstances OF each story. They start with
bic OltdI lIObuilV blOU tHdJ u Cnllu u u WuT-
ried woman is legitimate. The presumption.
however. may he rebutted by clear and cogent
proof that the presumed fact Is really impossi-
BILE. The strongest analogy Of this rule In the
famous Banbury peerage case. where. although
the Earl and Countess actually lived together,
the Committee Of Privileges OF the House OF
Lords actually decided that not only one, but
two children born to the Countess during we'd
lock were illegitimate. and decided accordingly
that the descendant Of the second OF these sons
could not take his seat in the House OF Lords.
SO far the law is clear. But there is another
complication. An old common-law rule laid It
down as a matter of public policy and decency
that neither n husband nor a wife could be
heard to give evidence tending to bastardlze
the children born during their marriage. In
one case this rule was broken through. But
the alteration was subsequently overruled by
a higher court. and 1t is now understood that
the old rule still holds. LEGITIMACY may
therefore be proved but It must be proved by
some evidence other than that Of the husband.
In spite ofthis rule the late Earl Poulett seems to
have deposed in the testimony suit that he was
not the father OF the present claimant: and II is
understood that in fact this population by
him was the only substantial evidence tending
to rebuff the usual presumption OF legiti-
macy. II this be the correct statement OF
W. w az " NN'V kul i
Turnour Thomas is very weak. Even the late
Ears testimony. II it we're not ruled out Of
court, would be received with necessary suspi-
cion. He did not apparently repudiate the
child until n date long subsequent to his birth.
Ho is said to have seen him in later years and
given him money. He could hardly have been
In a position to prove that he saw nothing Of
his wife during the period preceding their
marriage. And. even If that were al
the possibility OF a six months child has
not hitherto been rejected by the English
courts. which have. indeed. no definite rule on
The subject. while oven in France. where q pre-
rule il laid down. a minimum of six months |
admitted.
The opening of Parliament on Feb. z finds !
Her Majesty's Opposition In an unprece-
plight. Neither Sir Henry CamrbeIl-
who is TO succeed Sir William Har-
court in the Commons. nor Lord Kimberley.
whose function during Lord Rosebery's retire
nent from tho official councils OF the Liberal /,
party it is to sit opposite Lord Salisbury in the
Lords. is more than n name to at least half his
'ountrymen. 1t is true that they have been
in Gladstone Cabinets for many years
but even now to the non-political man in the
street IL Is a case Of Who's Bannerman? and
Kimberley?
There is some curiosity to sec how Banner
nan will All his new post. 1t has very definite
iuties and is. next to the actual leadership Of
he House, the most cXacting post in the as
,embly The holder must be on the SPOT night
y to offer the official Liberal criticism Of the
bills. Regular attendance has not
hitherto been a feature in Sir Henry Campbell
career. His friends say his fame
would have been greater il he had spent less
inc reading French novels. Study of his
peeches reveals nothing Liberal about him
kept a sort Of sturdy personal independence.
n demeanor he is Charles. his friend" to the
ntire parliamentary cast. but as Secretary for
Var the advocates Of reform found him a more
hick and thin supporter Of the permanent Of
than the most ld-fashioned Tory. Stout.
ich and lazy. he has been preferred to the lean.
'oor and Woodworking Asquith. who will sit
beside him rs his nominal follower.
Asquith finds he cannot give up his law prac-
even IL. as he says. the leadership were
tTered to him. He is emn"atically not genial.
which Sir Henry embellishments is. Yet
t is always Asquith and never Bannerman
hat the few remaining hopefuls in the Liberal
arty point to as Il possible Prime Minister in
he House Of Commons. He is the next best
hing to a strong man that the party has. With
lis eyes open to his own future he ordered the
roops out during the Fcatherstone miners
lots. when he was Homo Secretary. and had
hIco VI iho 5IIihtTb SnOL uedu. since ne mas
cen in the running for the leadership, the
.abor- Radicals interrupt his specches with
hopts OF Who shot the miners?" He never
nswers. but gives the impression he would do
he same again. Nobody in or out Of the House
( Commons is enthusiastic about him. but his
l have said" demeanor makes him respected.
Sir Edward Grey. though he is a pet OF the
'osebery section, is wholly unknown by Lib
rails In the country. and is not sufficiently dis
nguishahle from n Liberal Unionist to make
possible Liberal leader. Mr.. Herbert Glad
tone would have held his fathers followers
ogether for n time better than any one else.
ut. as he frankly admits. his interest in politics
daily diminishing. Music and outdoor sports
re more to him than party warfare. With this
'eak and transient condition on the front OPP
osition bench. there is a strong probability
rat the majority OF the Radicals In the House
nj in the country will fall in behind Sir
harles Dixie as their fighting leader. and that
no Of his first acts may be to strike out apart Il,
ON the official leaders altogether.
The chief complaint charged against DR..
.meson In his ioolhardy raid into the Trans
nal three years ago was that he had put the