July, 1864, and who had stated to him that she had
never had a child, was very strong, and was only to
be explained upon the supposition that it was a case
of mistaken identity; and that it was her sister Jane
Richardson, who was examined, and not Mrs. Howard.
This supposition, however, was entirely set aside
by the Longney witnesses, who stated that upon the
occasion of the birth-day dinner party at Longney,
which had been brought forward to prove an
alibi,
both Mrs. Howard and her sister Jane Richardson were
present. It was evident, therefore, either that
the story could not be true, or that the witnesses
were mistaken as to the day on which that event had
occurred, and under these circumstances the whole evidence
in support of the
alibi broke down altogether.
Having arrived at this conclusion with respect to
the original case set up by Mrs. Howard, it was scarcely
necessary to allude to the Liverpool story, which was
certainly an extraordinary and a singular one, and
had a tendency to damage the case of those who had
set it up, although he did not see how they could
possibly have withheld it from the knowledge of their
lordships. Looking at the fact that Mary Best
was proved to have been delivered of a fair child,
and that the child she took out of the workhouse with
her was a dark child, he confessed that much might
be said both in favour of and against the truth of
her statement; but it was, perhaps, as well that it
might be entirely disregarded in the present case;
and, at all events, in his opinion, there was nothing
in its being brought forward which was calculated
to shake their lordships’ confidence in the
character of those who were conducting the case on
behalf of the original claimant.
Lord Chelmsford next delivered a long judgment, agreeing
with that of the Lord Chancellor, and in the course
of it remarked that it was impossible to disbelieve
the story of the alleged birth, as he did, without
coming to the conclusion that certain of the witnesses
had been guilty of the grave crimes of conspiracy
and perjury. With reference to the Liverpool
story, he said he was satisfied that the child brought
into the workhouse by Mary Best, and taken by her to
Yorkshire, was not that of which she had been confined,
although he did not believe her statement of the way
in which she had become possessed of the child which
she had subsequently passed off as her own.
Lords Colonsay and Redesdale concurred; and the Earl
of Winchelsea, as a lay lord, and one of the public,
gave it as his opinion that the story told by Mrs.
Howard was utterly incredible, being only worthy to
form the plot of a sensational novel. He regretted
that Mr. Baudenave, the principal mover in this conspiracy,
would escape unscathed.
Their lordships, therefore, resolved that Mrs. Howard’s
child had no claim to the earldom; but that Charles
Francis Arnold Howard, the son of the Hon. Rev. Francis
Howard, by his second marriage, had made out his right
to vote at the election of representative peers for
Ireland as Earl of Wicklow.