New-York tribune., 1910-02-02
SUIT FOR PEERAGE
THE S4CKTILLE CASE.
Son of Josefa Duran Begins
1cfiOn for Title.

Io,ao, 1ra,, IA crowded courtroom
showed to-day the public interest in the
SackviIle peerage romance. another chaptel
of which opened before Sir John Bigham''
president of the Probate Court The pe'i-
TONER in the suit is Ernest Henry SacKvliie-
West who asks the court to declare hirn the
oldest and legitimate son OF the late Loru
Lilo; ei Sackvi11e SackvilIe-West. If ne Is
successful he will acquire the title 70 the
estates now held by Lionel f. SackvilIe-
West nephew of the former British AlnIs-
ter at Washington, and the present bord
Sackville. who married his cousin, a sister
of the petitioner. The present Lord SACK
Vile denies that his uhcls legally married
Josefa Duran. the petitioners mother.
The court disallowed a similar claim IN
1903. Ernest is the son of Spanish
dancer who married Lord Sackville at
Madrid Subsequently Sackville alleged
that the woman had a husband living when
she formed an alliance with him, and the
one son and three daughters born from
their union have never been recognized by
the courts as having any right to the Sack
vile title and estates
Noted counsel have been engaged by ootn
sides Sir Edward Clarke, In opening ioF
the petitioner, said that he parposed 10
prove the marriage by reputation, on ths
declarations ot Lord Sackvilie himself and
by documents attached to certificates of the
birth and baptism of Iis children
In support Of his contention. Sir Edward
referred to the stay and recognition AT
WASHINGTON of Lord Sackviile's daughters
He read volumes of documentary evidence
taken abroad regarding the life OF Lora
Sackvflie and Josefa Duran at Arcachon'
France, where they were known as the
Count and Countess West. Depos1tlonS
wero submitted to establish that the neigh
bors believed the two to De married, tnoasn
one deponent added: Bad ndtuFed people
said they were unmarried
The counsel laid stress on the fact that
some Of the birth certificates of the. chill
dren and the death certificate of Josefa
Duran described the dancer as the wife
of Lionel Sackvlle-West
Sir Robert Finley. on behalf of the pres
ent peer, recalled and placed in evidence
the testimony given by Lord Sackvilie
when a similar suit was brought during
his lifetime. On that occasion the de-
fendant swere that the declarations which
he had made regarding his companion were
inspired solely BY a desire to save the
reputation of the woman. He affirmed
that there had never been marriage or
any sort, and that all the children born
to them were ilegitimate.
Sir Robert added that he would prove
that the Duran woman married Antonio
de la Olivia in 1854, and that Olivia did
not die until 1855. Accordingly. he said
that if Lord Sackville had figured in any
marriage, of which there was no evidence
such alleged marriage must have been IL
legal. AS the counsel for the defence con-
eIuded the case was adjourned.
Lord Sackville died in September. 1908.
He was British Minister to the. United
States from 1881 to 1883, when he was dis
missed by President Cleveland. His down
fall at Washington, which practically
ended his career, followed his indiscre-
ton in writing a letter in which he ex-
pressed the opinion to a correspondent in
California tast the reelection of President
Cleveland would be satisfactory TO Great