The Dorset County Express and Agricultural Gazette.
Dorchester, Dorset, England, 1879-06-24 00:00:00

Groundless Charge against Colonel
_Napier Sturt.
in tho Probate ewl Divorce Court, on Friday, before the
Witht Hon. the Pretsident, the following case -am heard :

*PARSE P. —.OVARIES*. *PARIS AND *ll7lll'.
These viers CAWS potations of dbrolution of mamma,
sad h.s4 boon consolkintod by on.bn: bn

Sir henry Jtnee QC., -11r7Inde-rwic-1.;,-Ql7, and Dr.
Tristram appeared for the wife, the petitioner in the first
suit and the respondent in the second ; Dr. Deane, Q.C.,
Sergeant Parry. and Mr. H. Curtis Bennett were for the
husband. the respondent in the Ant, and the petitioner in
the second suit ; the Solicitor-Cleneral, Mr. Charles
Museeit Q.C., and Mr. F. It Lewis were for Lieut..Colesial
Snort, the co-respondent in the second suit.
The petitioner in the Ann suit is Mrs. Mary Adele
Spark% late of The Priory, Folkestone, and she sought for
• dissolution of her marriege on the ground of her
husbend's cruelty and adultery ; she tiled her petition on
December Zi last year. Major John Francis Astley Sporke,
elm into of the Priory, Folkestone. and • major in the
Oxfordshire militia, the petitioner in the second atilt,
which wee. in fact, not commenced until the end of Mai ch
teat, sought for • dissolution of his marriage on the ground
of his wileis alleged adultery with Lieut.-Colonel Charles
Napier Start, of the Grenadier Guards The marriage was
solemnised at the pariah church of Bromborough, in the
county of Chester, on August 25, 1870, of which there had
been issue one child only-a girl born in K't The
petitioner was the datuthter of a gentlemen named Taun-
ton, than of the Marfords, Bromborough, but now of
Coldhanahall. near Bury St. Edmund's, and her husband,
Major Sparks. had, been in the ponesaion of properti of
the value of between LAM and 1:3000 • year. After the
marriage they lived at the Lawn, near Oxford,
afterwards in Berkeley-square. and latterly at
The Priory, Folkintone. The marriage proved a mod
unhappy one, incessant quarrels taking Place from the
very lint week of their married life until Deoember, 1278,
when, the petitioner alleged, finding it impossible to
endure eny longer the life she was leading, Mra. Sparks
left her husband's house. Major Sparke constantly drank
to excess, and was guilty of repeated acts of violence
towards his wife, making use of vile language, and
applying the moat shocking epithets to her. He having
gone for • few days to Cornwall in December lute his
wife left his hones at Folkestone, taking with her their
only child. She than sent him through her solicitor the
following letter, dated December 18th

" Dear Frealt—For more than eight TWO I have
*awed gnat cruelty et your hands. I have earnestly
stzinm to improve you; but you are inoonigibla For
baby's asks I have borne more =ea I thought
It possible to bear. %Lily few days since you
attacked me most un and hurt my finger.
Sama few days bed ore that you said, before both child
aod mares—God —foul Go to —. mat is my
I good morning to you I Cll/1120t show such terrible
=simples of drankannesa bad language, and eruoity to b.
, witnessed by her; • child's mind jibo easily indnencsd
for sad for bar sake far more than for my own I now
lean you for ever. By your constant threata--, God
-- you I I will take your child from you and gin you
only jun enough to keep you out of the workhouse, you
forced ins to muse inquiries to be.roadeinto your conduct,
so that if in one of your drunken fits you really carried
out your threats, I might be able to cut such assistance aa
would enable roe to recover her. Then enquiries have
resulted unfortunately for you. I have stood by you
longer than sometimes seemed possibls, and even no.. I
am sorry. very sorry, to break down all the old ;
but the constant strain haa quite worn out any
heath. The only reparation in your power
to Smoke is now to spore me all needless pain.
You know you are guilty. and if you have any good feel-
ing left. you will submit to my divorcing you. Whether
you submit or not, be sure I =all succeed, and I would
far imam laaaa you in pesos than in neer. I hear you
no 11l will, and 01117 hoffe you may repent and be forgiven,
Mach a life so yours needs to be forgiven. Think over
your conduct to ,m• your drunkenness. bad language,
insults in the bearing at servant; venom= violence,
neglect, and now wares. I must think of my child.
Nothing will induce an. to put myself in your power again.
You have outraged every feeling, forfeited aU respect, and
I could outgo on as we were. Good bye, Frank. I wisp
you happiness. and I bear you no sad I think it le
for the best.

celled upon to depart When I die, all I wish is that
your once dear augers may b. she use to dots my '
eye for vow+, end by your kind &thetas°, end gvid
preaciaina look forward with joy to our meeting in another
world, elereabouta ni person con separate us, and w•
both Ph4ll Its at rest for Inar. and when the proper time
cones, dearest pet. Too Too will join no with
.delight
end entitles, having been the cause of rendering her
fatheCs loot Mips happy. Little do you know the pain
sad a f Antall it causes me to wilt. this letter. Plea.* kiss
dearest TOO TOO NY in., 1.04 may God protect and pre-
ware Yee met bine Yen, and keep you in all good ways!
"Dearest • La, believe me ever,
..YOlll,l Most •Ifectionately,
J. F. /Unite Semitic."
Mr, Sparks, however. refustel aloolutaly to return to
her ianleted. who wrote hero cumber of letters begging
1,41..56. prow i.ing touencluleat, and entreating
h.rt,r'.rn. In his defence to her petition he had not
male on; char4o wta.crer agAisa.t Mr of miscondoct with
the co•re.punient. The leureed c .utael for lire. Spait,
sail that it woo only then, who all entreaty and threats
had failed, and an attempt te doter her from going on with
her out fora diethlution of the marriage, by inserting
p ire:reel. in those weekly peen* which delighted in
teatime patalle he scAn lots of private tile, had proved
r.,4,,k that Major Spark., hod brought himself to file a
t•ti, Ai in ll*, r• art taskioC c eieveecharmas against his
wito, in which h, iunputad misconduct to her. He corn.
'unapt on the fact that this *ea more than three months
after she hat commenced her suit in this court. After the
ewe had been opened at poem l• neth,
Mrs. Spark.. went Into the witneethox, and gave
evidence is to the numetou acts of creelty by her
husbeed. She stated that only three weeks de'r her
marriage, while they were in Seitland, there had been •
violent quarrel, which originated in • claim he had male
to open all the least, the received. On that o.ymtioo he
had 1.-have:l with greet violeuee Aed bruised her shoulder.
Fr.'.,, the lint be hat been in rim e babe. of aerealluit at her
in :In presence .4 her rehatroat, lot child. and servants.
She (father deposed to • nuanber of act. it violence which
lie bad committed on her, And often when ender the
influence of drink. Alter she bed prieented her petition
15r a dissolution it thu oirri.gir her husband had COM
to ber hogiUg l.uthe hid grime i to i.e., hon. His
v-lilac, wl,,ta, she Lied preriouly kruouen as one of his
to guarantee heron income of at least .elOOO • year if she
• discoutinue thew prueeedinge At terwarde bee
htelnud had way I.iti her Ott her way horn., from
church one flundey morniug in May, and hall me
trtemil list t. Wlthalf&OF We petition afel rem.: bark
t lase house. This he ogre, I to Ittere land she herself
erk...l him to retursi. tifit /KC nion emmtamkt, to kits
05 the chrag....l miatondu ti,, hal tools againa her, and
tax-i him with not really believing roil, Ho did pot then
▪,y that he 4bl believe it t. he true She now denied moot
ompleatically in the witness-box that there way the
aliaittest ground for imputing misconduct ti her, and said
that After .he hAal :eft her Mathew! tho hail never on any
00:411.100 been &our with the caerespetheet. Ile had
01d...el her to seek the &trios of • solicitor as to the steps
the should take ha prat eat her child Wing removed from
her custody. She had always shielded her husband, and
she would never have tOl.ll Colonel Sort of the ill•treatt
m eat to which she had beaux subjected throughout her
auntie! life. From hi,,, all knowledge could, however,
not %medley he c ...coaled, as he had bout preseut on one
uccation when Major Sparks had behaved towards her
will, great violence.
Mr reunion. of Coldhanehill. the father of the
petationer, then gave evidence in corroboration of that of
the petitioner as to some of the acts of cruelly. He stated
that ba had frequently reuematrated with Major Sparks
as to his treatment of his *ife. Thu latter had At several
interviews expressed greet sorrow for his misconduct aud
proieithal aumealtuent After Alm Sparke hal left him
be hail begged her father to for him with his wife
sod to try and induce her to tettan to Mt bottle. Her
fetlar had not done so, as be had tult persuaded that her
married life had become unbearable. As to her coucealing
her addrem when she had loft her husband, be had
thoroughly approved her adopting that course ; he agreed
with her in the necessity of this being done until she had
obtained an order of the Court for the custody of her
child..

—iiratbsr evidence was riven aa to the cruelty, but there
bele, so mosivexaminatbn as to this, the learned counsel
for Mrs. Sparke eaid it was clear it could not be contested,
and therefore he should only call further witnessea to
prove that Major Spark* bad also connuitt.l adultery.
Evidence was then given that the latter, on leaving the
Itelrish Club, had been watched by Davhoroush. • private
detective, and had been seen by him to so on more than
one occasion in last spring to houses in litnllco in com catty
with women of bad character, where he had remained for
some hours.

At this point the further Iscariot of the came was
adjourned until Saturday wonting, when
Dr. Deane having stated that he did hot intend to place
the respondent, Major Sparke. in the witnesa.box. corro.
horative evidence as mean as to what the private detec.
U,. Desborou.ch .tat last afternoon.
Sir Henry Jll6lOll stated that La did not consider it
necessary to carry the case further, and he should leave the
conncil for Major Sparks, the respondent, to take their own
c0u1.41„.

Dr. Desna, after consulting with his clinnts, stated that
be mold seer no further opposition to the prayer of the
petitioner in the eau.. On the part of Major Sparks he
Lad to state that he considered there were certain grounds
of eusplcion respecting his wife's conduct with Colonel
Sums, but after hearing tbe ~f the petitioner
yeskr,lay afternoon, he considered that it would be useless
t g• on with the petition against the lady. He therefore
alandoned the case of Moist Sparks astionst his wife, end
cuionited to a decree in the wife's favour.
Sir Henry lames said that of all the illtreatment which
the petitioner suffered from her husband, nothing arected
her so much as the charge of adultery he made against her
with Colonel Start. There was not the slightest ground
for such a charge, as there was not even an instance of
familiarity between the pasties. He should therefore
salt the Court to pronounft a decree nisi. and to make an
mil Tering the petitioner the custody of the child.
S risotto Hansen said the e•olence fully established
the charges the wife made stein t her husband, and a. the
husband's case was alai, I,uoil. he should pronounro •
dame. 'la, with COOLS. A ‘l,-eree süsi Wa, accordingly pro-
nounced, and an order mode giving the wife the custody
of the child.